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MACKEY v. U.S.

No. 99-4022.

226 F.3d 773 (2000)

Dorothy MACKEY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2000.

Attorney(s) appearing for the Case

Joanne Jocha Ervin (argued and briefed), Dayton, Ohio, for Plaintiff-Appellant.

Robert D. Kamenshine (argued), Daniel L. Kaplan (briefed), United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Defendant-Appellee.

Before: NELSON and NORRIS, Circuit Judges; MATIA, District Judge.

ALAN E. NORRIS, Circuit Judge.

This appeal comes to us for the second time. In 1998, this court reversed an order of the district court holding that the individual defendants named in the complaint were not acting within the scope of their employment. On remand, the district court entered an order substituting the United States as defendant and dismissing the case pursuant to the Feres doctrine, which bars claims under the Federal Tort Claims Act ("FTCA") for...

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