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CURRIE v. U.S.

No. 86-2643.

836 F.2d 209 (1987)

Linda Glenn CURRIE, Administratrix CTA of the Estate of Ralph Augustus Glenn, Jr., deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. INTERNATIONAL BUSINESS MACHINES CORP., Third Party Defendant, American Psychological Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1987.

Attorney(s) appearing for the Case

G. Jona Poe, Jr. (Terry D. Fisher; Stubbs, Cole, Breedlove, Prentis & Poe, Durham, N.C., on brief), for plaintiff-appellant.

Harry L. Hobgood, Asst. U.S. Atty. (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on brief), for defendant-appellee.

Paul R. Friedman, Donald N. Bersoff, Ennis, Friedman & Bersoff, Washington, D.C., on brief, for amicus curiae The American Psychological Ass'n.

Before WIDENER and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

The difficult question for decision is whether the North Carolina Supreme Court would impose upon a psychotherapist an affirmative duty to seek the involuntary commitment of a patient the therapist believed to be dangerous to others when the therapist had given warnings to those believed to be within the zone of danger. In this suit under the Federal Tort Claims Act (because the therapists are federal employees), the district court...

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