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ERWIN v. WESTFALL

No. 85-7437.

785 F.2d 1551 (1986)

William T. ERWIN, Sr., and Emely Erwin, Plaintiffs-Appellants, v. Rodney P. WESTFALL; Osborn Rutledge; William Bell; et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 2, 1986.

Attorney(s) appearing for the Case

J. Michael Campbell, Pelham, Ala., for plaintiffs-appellants.

Frank W. Donaldson, U.S. Atty., Frank S. James, III, Asst. U.S. Atty., J. Noah Funderburg, Spec. Asst. U.S. Atty., Birmingham, Ala., for defendants-appellees.

Before JOHNSON and HATCHETT, Circuit Judges, and MURPHY, District Judge.

Rehearing and Rehearing En Banc Denied June 2, 1986.

PER CURIAM:

This case presents an appeal from the district court's grant of summary judgment on immunity grounds to defendants in a tort suit by a federal employee against co-employees and supervisors. Since summary judgment was granted on the basis of law that has recently changed in this Circuit, we REVERSE and REMAND for reconsideration.

Plaintiff-appellant William T. Erwin, Sr., a warehouseman...

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