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McLACHLAN v. BELL

No. 99-16037.

261 F.3d 908 (2001)

Blair G. McLACHLAN, Plaintiff-Appellant, v. James BELL; Michael George; Charles Smith, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2001.

Attorney(s) appearing for the Case

Jonathan Jackel, San Jose, California, for the Appellant.

Neal A. Rubin, Assistant U.S. Attorney, San Jose, California, for the Appellees.

Before: Andrew J. Kleinfeld, Michael Daly Hawkins, and Richard C. Tallman, Circuit Judges.

Argued and Submitted December 14, 2000 — San Francisco, California.

KLEINFELD, Circuit Judge:

This is a Federal Tort Claims Act case raising the question of whether a certification by the United States Attorney under the Westfall Act1 was proper under California scope of employment law.

FACTS

This case was dismissed for lack of subject matter jurisdiction on a motion pursuant to Federal Rule of Civil...

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