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HALPERIN v. KISSINGER

Nos. 77-2014, 77-2015.

606 F.2d 1192 (1979)

Morton HALPERIN et al., Appellants, v. Henry KISSINGER et al. Morton HALPERIN et al. v. Henry KISSINGER et al. Richard M. Nixon, John N. Mitchell, and H. R. Haldeman, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1979.

Attorney(s) appearing for the Case

Mark H. Lynch, Washington, D.C., with whom John H. F. Shattuck, Washington, D.C., and Jack D. Novik, New York City, were on brief, for appellants in No. 77-2014.

Larry L. Gregg, Atty., Dept. of Justice, Washington, D. C., for appellees in No. 77-2014 and cross-appellants in No. 77-2015. John C. Keeney, Acting Asst. Atty. Gen., Robert L. Keuch, Deputy Asst. Atty. Gen., and George W. Calhoun and Lubomyr M. Jachnycky, Attys., Dept. of Justice, Washington, D. C., were on brief for appellees in No. 77-2014 and cross-appellants in No. 77-2015. Benjamin C. Flannagan, D. Jeffrey Hirschberg, and Philip B. Heyman, Attys., Dept. of Justice, Washington, D. C., also entered appearances for appellees in No. 77-2014 and cross-appellants in No. 77-2015.

Joseph E. Casey, Washington, D. C., entered on appearance for appellee William Sullivan in Nos. 77-2014 and 77-2015.

James J. Bierbower, Washington, D. C., for appellee Jeb Stuart Magruder in No. 77-2015.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and GESELL, District Judge.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Concurring opinion filed by District Judge GESELL.

J. SKELLY WRIGHT, Chief Judge:

Morton Halperin, a former member of the National Security Council (NSC) staff, and his family sued ten federal officials for money damages following revelations that their home telephone had been tapped by the Government from May 1969 until February 1971.1 The Halperins alleged that...

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