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JAMISON v. WILEY

No. 92-1628.

14 F.3d 222 (1994)

Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1994.

Attorney(s) appearing for the Case

Steven Ray Minor, White, Elliott & Bundy, Bristol, VA, argued (Mark M. Lawson, on brief), for defendant-appellant Wiley.

Jeffrey Alan Fleischhauer, Bird, Kinder & Huffman, P.C., Roanoke, VA, argued (Donald W. Huffman, Kenneth J. Lasky, on brief), for plaintiff-appellee Jamison.

Scott Ramsey McIntosh, Civil Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., E. Montgomery Tucker, U.S. Atty., Barbara L. Herwig, on brief), for plaintiff-appellee U.S.

Before PHILLIPS, NIEMEYER, and WILLIAMS, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

Jerry Wiley, a federal employee, appeals the district court's refusal to substitute the United States for him as defendant in a removed state tort action brought against him by one of his subordinates, as well as its subsequent decision to remand the action to state court, 794 F.Supp. 587. We hold that the district court properly refused to substitute the United States as defendant, but...

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