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DILLON v. STATE OF MISS. MILITARY DEPT.

No. 93-7408.

23 F.3d 915 (1994)

Grace Ford DILLON, Conservator of the Person and Estate of Ronald S. Kelly, Plaintiff-Appellant, v. STATE OF MISSISSIPPI MILITARY DEPARTMENT, Army National Guard and/or Mississippi National Guard, et al., Defendants, United States of America, Defendant-Appellee. Cynthia M. HOLLOWAY, Individually and as Mother and Next Friend of the Minors Christina Marie Byrd, Candice Lynn Byrd, Plaintiff-Appellant, v. STATE OF MISSISSIPPI MILITARY DEPARTMENT, Army National Guard and/or Mississippi National Guard, et al., Defendants, United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 1994.

Attorney(s) appearing for the Case

Lawrence Arcell, Barker, Boudreaux, Lamy & Foley, New Orleans, LA, for plaintiff-appellant.

Irene M. Solet, Barbara Herwig, Jacob Lewis, Dept. of Justice, Washington DC, for U.S.

Before JOHNSON, BARKSDALE and DeMOSS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The threshold issue is one of first impression: the scope of removal under the Westfall Act — whether, when putative employees of the United States are not the only defendants, the action is removed, as opposed to only those claims against the United States. For this appeal from, inter alia, the dismissal of the United States as a defendant, but with other defendants remaining, we conclude that we lack appellate...

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