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MARON v. U.S.

No. 96-1492.

126 F.3d 317 (1997)

Barry J. MARON, Dr., Plaintiff-Appellant, v. UNITED STATES of America; Stephen E. Epstein, Dr.; Lameh Fananapazir, Dr.; Edward Korn, Dr.; Neil Epstein, Dr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1997.

Attorney(s) appearing for the Case

ARGUED: Lori Elizabeth Kline, Jacobs, Jacobs & Farber, Rockville, MD, for Plaintiff-Appellant. Mary Mitchell Armstrong, Office of General Counsel, Department of Health and Human Services, Washington, DC, for Defendants-Appellees. ON BRIEF: Mindy G. Farber, Jacobs, Jacobs & Farber, Rockville, MD, for Plaintiff-Appellant. Lynne A. Battaglia, United States Attorney, Jeanne K. Damirgian, Assistant United States Attorney, Baltimore, MD, for Defendants-Appellees.

Before ERVIN and LUTTIG, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge LUTTIG and Judge HILTON joined.

OPINION

ERVIN, Circuit Judge.

Dr. Barry Maron filed two suits against fellow doctors at the National Institutes of Health (N.I.H.). In each case, the United States was substituted as the sole defendant and the complaint was dismissed on the ground that the United States had sovereign immunity from suit. Maron appeals both dismissals. For the...

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