[DOWNLOAD] "Fultz v. Gilliam" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Fultz v. Gilliam
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 21, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In this civil action arising under the Federal Wiretapping Act, 18 U.S.C. sections 2511(1)(c), (d); 2520, Plaintiff-Appellant Joyce Fultz challenges the district courts order granting summary judgment in favor of the defendant, her former husband, on statute of limitations grounds. The case at bar presents us with a question apparently of first impression before the Courts of Appeals: whether each playing of a single recording of a wrongfully intercepted communication gives rise to a new cause of action under sections 2511(1)(c) or (d) of the Act. The district court answered this question in the negative. For the reasons that follow, we believe this conclusion is inconsistent with the language and purpose of the Act as it has been heretofore interpreted. Moreover, we believe the court below likewise misapplied the theory it drew upon to reach its conclusion. Because we find a material question of fact remains unresolved, we will reverse the order of summary judgment and remand the case for trial.
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