SUSSMAN v. AMERICAN BROADCASTING COMPANIES, INC.

No. 97-55410.

186 F.3d 1200 (1999)

Mark SUSSMAN; Ken Gerrin; Perry Carter; Simone Lund; Vanese McNeil; Amin A. Faruqi; Betty Koss; Robert Bozoyan; Lilian Hedrick; Evangeline Ragasa; Christopher Rogers; Patricia Hopkins; Derrick C. Leshurre; Deanna Williams, Plaintiffs-Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., dba KABC-TV Inc.; Thomas Albert Oetgen; Bob Calo; Richard Kaplan; Walter Porges; Ira Rosen; Stacy Lescht; American Broadcasting Companies, Inc.; Clayton McVicker, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1999.


Attorney(s) appearing for the Case

Neville L. Johnson, Neville L. Johnson & Associates, Los Angeles, California, for the plaintiffs-appellants.

Steven M. Perry, Munger, Tolles & Olsen, Los Angeles, California, for the defendants-appellees.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and PANNER, District Judge.


KOZINSKI, Circuit Judge:

We decide whether ABC's surreptitious videotapings during an investigation of the Psychic Marketing Group could have violated 18 U.S.C. § 2511 (1994), the federal wiretapping statute.

I

ABC hired Stacy Lescht to pose as a psychic telephone advisor in order to gain access to the offices of the Psychic Marketing Group (PMG). While working in the Los Angeles office of the PMG, Lescht used various surveillance devices to...

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