Fields v. Atchison, Topeka & Santa Fe Railway Co.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on plaintiff Earl S. Fields’ Motion to Dismiss Defendant Buser’s Counterclaim (Doe. 141, Case No. 95-4026).

I. BACKGROUND

Plaintiff Fields asserts claims for violations of the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2522 and the Kansas Wiretap Act, Kan.StatAnn. § 22-*4632518, and for common law invasion of privacy. Mr. Fields alleges that defendant Buser illegally recorded or caused to be recorded certain telephone conversations between the plaintiff and Linda McVicker, the plaintiff in…