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SINGLETON v. U.S.

No. 96-1924.

128 F.3d 833 (1997)

Carroll Eugene SINGLETON, and Sheila Singleton, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1997.

Attorney(s) appearing for the Case

ARGUED: David D. Dahl, Charles Edward Nichols, Jr., Manning, Fulton & Skinner, Raleigh, NC, for Appellants. Thomas Vincent Linguanti, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, David English Carmack, Janice McKenzie Cole, United States Attorney, United States Department of Justice, Washington, DC, for Appellee.

Before NIEMEYER and HAMILTON, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation.

Reversed by published opinion. Judge LEGG wrote the majority opinion, in which Judge HAMILTON joined. Judge NIEMEYER wrote a dissenting opinion.

LEGG, District Judge:

This appeal arises from an entry of judgment for the government by the United States District Court for the Eastern District of North Carolina. On May 8, 1996, the district court granted the government's motion for summary judgment, denying the Singletons...

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