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KEARNEY v. KEARNEY

No. 23214-6-II.

974 P.2d 872 (1999)

Joseph D. KEARNEY, Appellant, v. Shelby KEARNEY, an individual, Defendant, Diana Lynn Kiesel, an individual; Law Office Of Diana Lynn Kiesel, Inc. P.S., a corporation; Naomi Huddleston, Dba/Rainier Associates, a business; John A. Miller, an individual; and Miller And Miller And Dart, P.S., Inc., a corporation, Respondents.

Court of Appeals of Washington, Division 2.

April 9, 1999.

Attorney(s) appearing for the Case

Sean P. Wickens, Law Offices of Sverre O. Staurset P.s, Tacoma, for Appellant.

Douglas Warren Vanscoy, Deputy Pros. Atty., Tacoma, Steven Wolfe Thompson, Seattle, Diana Lynn Kiesel, Tacoma, John Arthur Miller, Miller & Dart P.s, Inc., Fircrest, Aaron Dean, Lee, Smart, Cook, Martin & Patterson, Seattle, for Respondents.

HUNT, J.

Plaintiff Joseph Kearney appeals the trial court's CR 12(b)(6) dismissal of three defendants from his Washington State privacy act lawsuit. Holding that the privacy act prohibits only unconsented recording or intercepting of private telephone conversations and their admission into evidence, we affirm dismissal of the defendants, who incorporated such conversations into reports to the court presiding over the Kearneys' custody dispute for use in determining...

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