FIRST VIRGINIA BANK v. RANDOLPH

No. 96-5205.

110 F.3d 75 (1997)

FIRST VIRGINIA BANK, Appellee, v. Vera RANDOLPH, Defendant, United States of America and U.S. Department of State, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1997.


Attorney(s) appearing for the Case

Robert D. Kamenshine, Washington, DC, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Frank W. Hunger, Assistant Attorney General, and William G. Kanter, Deputy Director. Eric H. Holder, Jr., U.S. Attorney, Claire M. Whitaker and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.

Mark L. Booz, Atlanta, GA, argued the cause and filed the briefs for appellee First Virginia Bank. Kathleen T. Barlow entered an appearance.

Before: WILLIAMS, HENDERSON, and RANDOLPH, Circuit Judges.


RANDOLPH, Circuit Judge:

May a judgment creditor recover damages against the United States for its wrongful failure to garnish the wages of a government employee who is a judgment debtor? That issue, and a jurisdictional question, are presented in the government's appeal from the district court's award of $385.71 in "damages" to First Virginia Bank.

I

The State Department began garnishing the wages of its employee, Vera Randolph, in March 1994 after...

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