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MELO v. HAFER

No. 93-1193.

13 F.3d 736 (1994)

James C. MELO, Jr.; Louis Jurik; Donald Ruggerio; Carol Danowitz; James Dicosimo; Lucille Russell; Walter W. Speelman; John Weikel v. Barbara HAFER and James J. West, Esquire, James J. West, Esquire, and The United States, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 11, 1994.

Sur Petition for Rehearing February 15, 1994.

Attorney(s) appearing for the Case

William Goldstein (argued), Groen, Laveson, Goldberg & Rubenstone, Bensalem, PA, for appellees.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Michael J. Rotko, U.S. Atty., Barbara L. Herwig, Peter R. Maier (argued), Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for appellants.

Before: STAPLETON, GREENBERG and ROTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal from an order refusing to substitute the United States for James J. West, Esquire, under the Westfall Act.1 The Westfall Act, also known as the Federal Employees Liability Reform and Tort Compensation Act, provides federal employees acting within the scope of their employment with absolute immunity from damage liability...

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