Legal Opinion
Smith v. Wunker
District Court, S.D. Ohio
Decided April 13, 1972No. 8081PublishedCited by 20 opinions
1Opinion of the Court
OPINION AND ORDER
PORTER, District Judge.
In this case there is a motion to dismiss submitted for decision. This requires a determination of whether a party to a phone conversation may record it and disclose it without violating 18 U.S.C. § 2510 et seq. (wire interception and interception of oral communications).
The defendant’s motion to dismiss was filed pursuant to Rule 12(b) F.R.Civ.P. on the grounds that the complaint failed to state a cause of action. The motion is unopposed. Under Local Rule 14, failure to file a memorandum contra may be cause for the Court to grant the motion as filed.…
2Cases cited2 opinions
- Lopez v. United StatesSupreme Court of the United States · 1963
- Rathbun v. United StatesSupreme Court of the United States · 1958
3Cited by20 opinions
- United States v. TurkCourt of Appeals for the Fifth Circuit · 1976
- Francesco G. Campiti v. Michael A. WalonisCourt of Appeals for the First Circuit · 1979
- Sandra Boddie v. American Broadcasting Companies, Inc. Geraldo Rivera Charles C. Thompson and Maravilla Production Company, Inc.Court of Appeals for the Sixth Circuit · 1984
- United States v. Bertram E. SeidlitzCourt of Appeals for the Fourth Circuit · 1978
- Rufus Lee Smith v. The Cincinnati Post & Times-StarCourt of Appeals for the Sixth Circuit · 1973
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