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MACKEY v. MILAM

No. 97-3859.

154 F.3d 648 (1998)

Dorothy MACKEY, Plaintiff-Appellee, v. David W. MILAM, Travis Elmore, and United States of America, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1998.

Rehearing and Suggestion for Rehearing Denied October 27, 1998.

Attorney(s) appearing for the Case

Edward Himmelfarb (argued and briefed), Barbara L. Herwig (briefed), U.S. Dept. of Justice, Civil Div., Washington, DC, for Appellants.

Joanne Jocha Ervin (argued and briefed), Dayton, OH, for Appellee.

Before: KRUPANSKY, SILER, and COLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 27, 1998.*

SILER, J., delivered the opinion of the court, in which KRUPANSKY, J., joined. COLE, J. (pp. 652-655), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Plaintiff, Dorothy Mackey, initially filed this action in Ohio state court alleging that defendants, David W. Milam and Travis Elmore, her superior officers in the United...

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