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CHAPMAN v. RAHALL

No. 5:05 CV 00032.

399 F.Supp.2d 711 (2005)

Paul CHAPMAN Plaintiff, v. Nick Joe RAHALL Defendant.

United States District Court, W.D. Virginia, Harrisonburg Division.

November 23, 2005.

Attorney(s) appearing for the Case

Peter T. Hansen, Phillip Stone Griffin, II, Phillip S. Griffin II PC, Winchester, VA, for Plaintiff.

Robin D. Smith, United States Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

CONRAD, District Judge.

This case is before the court on the United States' motion for substitution as the sole party defendant. The United States claims that the substitution should be granted, pursuant to 28 U.S.C. § 2679(d)(1), because the defendant was acting within the scope of his employment as an employee of the United States at the time of the conduct alleged by the plaintiff...

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