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ALIOTA v. GRAHAM

Nos. 91-3757, 92-3020.

984 F.2d 1350 (1993)

Louis J. ALIOTA and Paulette Aliota, v. Jack D. GRAHAM, William D. Shoemake, Kathryn Fowells, Janet Wells, Joyce Ball, United States of America, Appellants in No. 91-3757. In re UNITED STATES of America, Jack D. Graham, William D. Shoemake, Kathryn Fowells, Janet Wells and Joyce Ball, Petitioners in No. 92-3020.

United States Court of Appeals, Third Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Bonnie R. Schlueter, Office of U.S. Atty., Pittsburgh, PA, Stuart M. Gerson, Asst. Atty. Gen., Barbara L. Herwig, Civ. Div., Malcolm L. Stewart (argued), Robert V. Zener, Christine N. Kohl, Appellate Section, Civ. Div., Dept. of Justice, Washington, DC, for appellants/petitioners.

Timothy D. McNair (argued), Vendetti, Talarico and McNair, Erie, PA, for appellees/respondents.

Before: BECKER, HUTCHINSON, and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

The United States has appealed and has filed a mandamus petition seeking review of a district court order in a defamation action that was originally begun in state court against five federal employees in their individual capacities. After the case was removed to federal court and the United States was substituted for the original defendants pursuant to a provision of the Federal Employees Liability Reform and Tort...

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