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BERGER v. HANLON

Nos. 96-35251, 96-35266.

129 F.3d 505 (1997)

Paul W. BERGER and Erma R. Berger, Plaintiffs-Appellants, v. Rodney C. HANLON; Joel Scrafford; Richard C. Branzell; Robert Prieksat; Kris A. Mclean; Turner Broadcasting System, Inc., A Georgia Corporation; Robert Rainey; Donald Hooper; United States of America, Defendants-Appellees. Paul W. BERGER and Erma R. Berger, Plaintiffs-Appellants, v. Jack HAMANN; Cable News Network, Inc., a Georgia corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1997.

Attorney(s) appearing for the Case

Henry H. Rossbacher, Nanci E. Nishimura and Tracy W. Young, Rossbacher & Associates, Los Angeles, California, and Jay F. Lansing, Moses Law Firm, Billings, Montana, for plaintiffs-appellants.

P. Cameron DeVore, Davis Wright Tremaine, Seattle, Washington, and W. Anderson Forsythe, Moulton, Bellingham, Longo & Mather, Billings, Montana, for defendants-appellees CNN and Hamann.

Thomas M. Bondy, Assistant United States Attorney, Washington, DC, for defendant-appellee United States.

Before: SCHROEDER and KLEINFELD, Circuit Judges, and BREWSTER, District Judge.

SCHROEDER, Circuit Judge:

When federal agents searched the ranch of Paul and Erma Berger in March of 1993, they acted not only pursuant to a search warrant, but also pursuant to a written contract with appellees Cable News Network and Turner Broadcasting System, authorizing the filming and recording of the search for broadcast on their environmental television shows "Earth Matters" and "Network Earth." The media wanted footage of the discovery of evidence showing...

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