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NOBLE v. U.S.

No. 99-14328.

216 F.3d 1229 (2000)

Ottie R. NOBLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 29, 2000.

Attorney(s) appearing for the Case

Donald R. Rhea, Rhea, Boyd & Rhea, Gadsden, AL, for Plaintiff-Appellant.

G. Douglas Jones, U.S. Atty., Birmingham, AL, H. Thomas Byron, Civil Div., Appellate Staff, Washington, DC, for Defendant-Appellee.

Before BIRCH, BARKETT and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge:

Ottie Noble ("Noble") appeals from an order dismissing his complaint and entering summary judgment in favor of the United States in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., ("FTCA"). We have jurisdiction over this appeal under 28 U.S.C. § 1291. Because there was a substantial question as to whether the Federal Employees' Compensation...

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