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JOHNSON v. CARTER

No. 90-3077.

939 F.2d 180 (1991)

William D. JOHNSON, Plaintiff-Appellee, v. Powell F. CARTER, Defendant-Appellant, United States of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1991.

As Amended August 20, 1991.

Rehearing Granted, Opinion Vacated October 9, 1991.

Attorney(s) appearing for the Case

Patricia M. Bryan, Deputy Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Barbara L. Herwig, Michael E. Robinson, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Norfolk, Va., Richard F. Walsh, Office of the Judge Advocate Gen. of the Navy, Alexandria, Va., on brief), for appellants.

Jeremiah A. Denton, III, Virginia Beach, Va., for plaintiff-appellee.

Before WIDENER and SPROUSE, Circuit Judges, and NICKERSON, District Judge for the District of Maryland, sitting by designation.

Rehearing En Banc Granted, Opinion Vacated October 9, 1991.

OPINION

SPROUSE, Circuit Judge:

We consider whether the United States must be substituted as the sole defendant in a suit against a United States military officer for alleged tortious conduct. Involved is an interpretation of the Federal Employees Liability Reform and Tort Compensation Act of 1988 (the Westfall Act). We also consider whether the officer has military immunity under the doctrine...

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