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BIRNBAUM v. U. S.

Civ. A. Nos. 76-1837, 77-C-234, 77-C-597.

436 F.Supp. 967 (1977)

Norman BIRNBAUM, Plaintiff, v. UNITED STATES of America et al., Defendants. B. Leonard AVERY, Plaintiff, v. UNITED STATES of America et al., Defendants. Mary Rule MacMILLEN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

August 17, 1977.

Attorney(s) appearing for the Case

Rabinowitz, Boudin & Standard, New York City, for plaintiff Birnbaum; Herbert Jordan, K. Randlett Walster, New York City, of counsel.

Melvin L. Wulf, Burt Neuborne, New York City, for plaintiffs Avery and MacMillen.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David G. Trager, U. S. Atty., Edward S. Rudofsky, Rodger C. Field, Asst. U. S. Attys., Brooklyn, N. Y., Dennis G. Linder, John T. Boese, Alphonse M. Alfano, Lawrence J. Jensen, Attys., Dept. of Justice, Washington, D. C., for defendants.

WEINSTEIN, District Judge.

In each of these three cases consolidated for trial the plaintiff complains that first-class mail was intercepted by the Central Intelligence Agency (CIA), opened without warrant and copied. Birnbaum and MacMillen each sent a letter abroad; Avery received one here. All the letters were resealed after copying and promptly returned to the mails. Plaintiffs, individually and as a class, seek to recover damages under the Federal Tort Claims...

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