CHANDLER v. U.S. ARMY

No. 95-35882.

125 F.3d 1296 (1997)

John CHANDLER, Jr., Plaintiff-Appellant, v. The UNITED STATES ARMY; Kenneth Simpson, in his capacity as Commander, U.S. Army Recruiting Command, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1997.


Attorney(s) appearing for the Case

Daniel L. Hawkley, Boise, ID, for plaintiff-appellant.

Warren S. Debridge, Assistant United States Attorney, Boise, ID, for defendants-appellees.

Before: ALARCON, NORRIS and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge.

This is an action for declaratory and injunctive relief under a federal statute prohibiting wiretapping.

FACTS

This case was resolved on summary judgment, so the true facts have not been determined. Thus, our review treats the evidence in the light most favorable to Captain Chandler to determine whether there are genuine issues of material fact, and whether the law as applied to the facts so construed entitled the prevailing...

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