ROSS v. BRYAN

No. 98-2817.

309 F.3d 830 (2002)

Derek A. ROSS, Plaintiff-Appellee, v. Vincent R. BRYAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 2002.


Attorney(s) appearing for the Case

ARGUED: George Maralan Kelley, III, Assistant United States Attorney, Norfolk, Virginia; Richard Alan Saunders, Furniss, Davis, Rashkind & Saunders, P.C., Norfolk, Virginia, for Appellant. Blair Edmund Smircina, Kalfus & Nachman, Norfolk, Virginia, for Appellee.

Before WIDENER and LUTTIG, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed in part, vacated in part, and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge SEYMOUR concurred.

OPINION

WIDENER, Circuit Judge.

Defendant Vincent R. Bryan, a First Lieutenant in the Marine Corps, appeals the district court's order denying the United States' motion to substitute the United States as the party defendant in this case and remanding the case to state court. Because we agree with...

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