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WOOD v. U.S.

Nos. 91-1323, 91-1324.

995 F.2d 1122 (1993)

Theresa H. WOOD, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellee. Charles D. Owens, Defendant, Appellant. Theresa H. WOOD, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 28, 1993.

Attorney(s) appearing for the Case

Mark W. Pennak, Attorney, Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, Wayne A. Budd, U.S. Atty., Boston, MA, and Barbara L. Herwig, Attorney, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, were on brief, for appellants.

Stuart DeBard, Boston, MA, for appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, TORRUELLA, SELYA, CYR, BOUDIN, and STAHL, Circuit Judges.

OPINION EN BANC

BREYER, Chief Judge.

The Westfall Act provides a federal employee with immunity from an ordinary tort suit if the suit arises out of acts performed "within the scope of" the defendant employee's "office or employment." The immunity attaches when the Attorney General files with the court a certificate stating that

the defendant employee was acting within the scope of his office or employment at the time of the incident...

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