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GLAZNER v. GLAZNER

No. 02-11799.

347 F.3d 1212 (2003)

Elisabeth GLAZNER, Plaintiff-Appellant, v. James GLAZNER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 16, 2003.

Attorney(s) appearing for the Case

Jason E. Gilmore, Bruce L. Gordon, Gordon, Silberman, Wiggins & Childs, Birmingham, AL, for Plaintiff-Appellant.

Mavanee R. Bear, Bear & Homich, Birmingham, AL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

DUBINA, Circuit Judge:

We took this case en banc to decide the continued validity of Simpson v. Simpson, 490 F.2d 803 (5th Cir.1974),1 a decision of our predecessor circuit finding an implied exception in Title III of the Omnibus Crime Control and Safe Streets Acts of 1968 ("Title III") for interspousal wiretapping within the marital home. For the reasons that follow, we overrule the Simpson...

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