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JOHNSON v. CARTER

No. 90-3077.

983 F.2d 1316 (1993)

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

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1993.

As Amended March 3, 1993.

Attorney(s) appearing for the Case

Michael Eugene Robinson, Civ. Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Barbara L. Herwig, Civ. Div., U.S. Dept. of Justice, Washington, DC, Henry E. Hudson, U.S. Atty., Norfolk, VA, Richard F. Walsh, Office of Judge Advocate General of the Navy, Alexandria, VA, on brief), for defendant-appellants.

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

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON and LUTTIG, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

WIDENER, Circuit Judge:

Admiral Powell F. Carter, Jr., former Commander-in-Chief1 of the Atlantic Fleet, appeals from the district court's decision denying his motion to substitute the United States as the sole defendant under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (the Westfall Act).2 We reverse.

I.

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