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BROWN v. WADDELL

No. 93-1729.

50 F.3d 285 (1995)

Jamie B. BROWN, Plaintiff-Appellant, v. David W. WADDELL, both individually and in his official capacity as a police officer for the City of Durham; City of Durham, North Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1995.

Attorney(s) appearing for the Case

ARGUED: Mark Alexander Charns, Duvoisin & Charns, Durham, NC, for appellant. Reginald B. Gillespie, Jr., Faison & Fletcher, Durham, NC, for appellees. ON BRIEF: William G. Goldston, Durham, NC, for appellant. Michael R. Ortiz, Faison & Fletcher, Durham, NC, for appellees.

Before BUTZNER and PHILLIPS, Senior Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Senior Judge BUTZNER and Senior Judge YOUNG joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This appeal requires us to determine whether, for purposes of the Federal Electronic Communications Privacy Act of 1986 (ECPA) and relevant state law, a "pager clone" such as two used by a law enforcement officer to monitor numeric messages received by a suspect's...

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