McMELLON v. UNITED STATES

No. 02-1494.

387 F.3d 329 (2004)

Carrie A. McMELLON; Lori Dawn White; Kathy D. Templeton; Cheri Call, Plaintiffs-Appellants, v. UNITED STATES of America; United States Army Corps Of Engineers, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 14, 2004.


Attorney(s) appearing for the Case

ARGUED: Jay Douglas Patton, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellants. Dana Joan Martin, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Todd M. Powers, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellants. Robert D. McCallum, Jr., Assistant Attorney General, Kasey Warner, United States Attorney, Michael L. Keller, Assistant United States Attorney, Stephen R. Campbell, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges.


Vacated and remanded by published opinion. Judge Traxler wrote the opinion for the court, in which Chief Judge Wilkins and Judges Wilkinson, Williams, King, Shedd, and Duncan concurred, and in which Judge Niemeyer concurred as to Parts I, II, and IV, and in which Judges Michael and Motz concurred as to Parts I, II, III, and IV(A). Judge Wilkinson wrote a concurring opinion. Judge Niemeyer wrote an opinion dissenting from Part II...

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