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LYONS v. BROWN

Nos. 97-2109, 97-2248.

158 F.3d 605 (1998)

Kathleen L. LYONS, et ux., Plaintiffs, Appellees, v. Jesse BROWN, Secretary of Veterans Affairs, Defendant, Appellee, and Nikhil I. Pathak, M.D. and United States of America, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Mark W. Pennak, Appellate Staff, Civil Division, Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Jay P. McCloskey, United States Attorney, and Barbara L. Herwig, Appellate Staff, Civil Division, Department of Justice were on brief for appellant United States.

Alton C. Stevens with whom Marden, Dubord, Bernier & Stevens was on brief for appellant Nikhil I. Pathak.

Richard L. O'Meara with whom Murray, Plumb & Murray, Eric M. Mehnert and Jones, Bernstein & Mehnert were on consolidated brief for plaintiffs.

Before BOUDIN, Circuit Judge, BOWNES and CYR, Senior Circuit Judges.

BOUDIN, Circuit Judge.

The United States and Dr. Nikhil Pathak, a federal employee, appeal from the striking of the U.S. Attorney's certification that Dr. Pathak was acting within the scope of employment when he allegedly committed certain of the acts that form the basis for claims against him. The claims, made by Kathleen Lyons, effectively charged Dr. Pathak with sexual harassment. This appeal involves the interpretation and application of the Westfall Act, 28 U...

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