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DALTON v. CAPITAL ASSOCIATED INDUSTRIES,

No. 00-2337

257 F.3d 409 (2001)

Richard J. Dalton, Plaintiff-Appellant, v. Capital Associated Industries, Incorporated; George E. Shelton, III; Wayne L. Lehto; John B. Gupton, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2001

Attorney(s) appearing for the Case

ARGUED: R. Frost Branon, Jr., Charlotte, North Carolina, for Appellant. Samuel Reid Russell, III, PATTERSON, DILTHEY, CLAY & BRYSON, L.L.P., Raleigh, North Carolina, for Appellees. ON BRIEF: Ronald C. Dilthey, PATTERSON, DILTHEY, CLAY & BRYSON, L.L.P., Raleigh, North Carolina, for Appellees.

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

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

OPINION

MICHAEL, Circuit Judge:

Capital Associated Industries, Inc. (CAI) erroneously reported to Richard Dalton's prospective employer that he had been convicted of felony assault. Dalton sued CAI and three of its employees under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681e(b...

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