Frank Guido v. City of Schenectady, George B. Reynolds, Raymond Wemple

LUMBARD, Chief Judge:

In July, 1958 Frank Guido was convicted in Schenectady Police Court of being a common gambler. The conviction was based on wiretap evidence of telephone conversations to which he was a party. In 1960 he brought suit in the Northern District to recover over $10,000 in damages allegedly resulting from the introduction of the wiretap evidence in the State trial, in violation of Section 605 of the Federal Communications Act of 1934, 47 U.S.C. § 605. Chief Judge Foley dismissed the complaint and entered judgment for defendants. We affirm.

During an investigation of gambling…