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PEAVY v. NEW TIMES, INC.

No. CA 3-96-0547-R.

976 F.Supp. 532 (1997)

Carver Dan PEAVY, Plaintiff, v. NEW TIMES, INC. and Peter Elkind, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 18, 1997.

Attorney(s) appearing for the Case

Arthur Floyd Selander, Michael J. Quilling, Keith Brian Cummiskey, Kenneth Arthur Hill, Quilling, Selander, Cummiskey, Clutts & Lownds, Dallas, TX, James M. Morris, Kennedy, Minshew, Campbell & Morris, Sherman, TX, for Plaintiff.

Charles L. Babcock, David Charles Myers, Jackson Walker, LLP, Dallas, TX, for Defendants.

MEMORANDUM OPINION

BUCHMEYER, Chief Judge.

This case presents a question of first impression concerning the constitutionality of the federal wiretap statute, 18 U.S.C. § 2510 (Title III), as applied to the following facts: an unknown person illegally wiretapped private telephone conversations in which the plaintiff, a public school board trustee, made numerous racial slurs and profane comments, such as:

... And anybody that would go out there...

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