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MITCHELL v. CARLSON

Nos. 89-1377, 89-1516 and 89-1653.

896 F.2d 128 (1990)

Queenie MITCHELL, Plaintiff-Appellee, v. Deborah CARLSON and United States of America, Defendants-Appellants. Queenie MITCHELL, Plaintiff-Appellee, v. Deborah CARLSON, Individually, Defendant-Appellant. In re UNITED STATES of America and Deborah Carlson, Petitioners.

United States Court of Appeals, Fifth Circuit.

March 15, 1990.

Attorney(s) appearing for the Case

Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Scott R. McIntosh, Dept. of Justice, Barbara L. Herwig, Appellate Staff, Civil Div., Washington, D.C., for defendants-appellants.

John R. Ker, Hewitt, Tex., for plaintiff-appellee.

Before GARZA, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This appeal presents two issues: (1) whether this Court has jurisdiction to review a district court order that re-substituted parties and remanded the case to state court; and (2) whether the re-substitution order was in error under the Federal Employees Liability Reform and Tort Compensation Act of 1988, Pub.L. No. 100-694 (November 18, 1988), commonly known as the Westfall Act.

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