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TUCKER v. WADDELL

No. 95-2080.

83 F.3d 688 (1996)

Cora D. TUCKER, Plaintiff-Appellant, v. D.W. WADDELL, both individually and in his official capacity as a police officer for the City of Durham, North Carolina; Terry Mangum, both individually and in his official capacity as a police officer for the City of Durham, North Carolina; George B. Hare, both individually and in his official capacity as a police officer for the City of Durham, North Carolina; City of Durham, North Carolina, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1996.

Attorney(s) appearing for the Case

ARGUED: Mark Alexander Charns, Durham, North Carolina; Thomas Franklin Loflin, III, Durham, North Carolina, for Appellant. Reginald B. Gillespie, Jr., Faison & Fletcher, Durham, North Carolina, for Appellees. ON BRIEF: Ann F. Loflin, Durham, North Carolina; William G. Goldston, Durham, North Carolina, for Appellant. Keith D. Burns, Faison & Fletcher, Durham, North Carolina, for Appellees.

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

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

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case involves alleged violations of Title II of the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2701 et seq., by appellee, the City of Durham, North Carolina, and certain officials in its police department...

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