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BORNEMAN v. U.S.

Nos. 99-1173, 99-1479, 99-1982.

213 F.3d 819 (2000)

John Michael BORNEMAN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. John Michael Borneman, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. In Re: United States of America; Richard McCauley, Petitioners.

United States Court of Appeals, Fourth Circuit.

Decided: May 30, 2000.

Attorney(s) appearing for the Case

ARGUED: Neil Irving Fowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellant. James Kenneth Larrick, Wilmington, North Carolina, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellant.

Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge DIANA GRIBBON MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

In this appeal, we address whether John Borneman, a United States postal employee, may maintain a state common-law action against Richard McCauley, a fellow postal employee, for an assault and battery that allegedly occurred during work. Proceeding under...

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