OSBORN v. HALEY

Nos. 04-5716, 04-5820.

422 F.3d 359 (2005)

Pat OSBORN, Plaintiff-Appellee, v. Barry HALEY, Defendant Appellant (04-5716), Gaye Luber; Land Between the Lakes Association, Inc., a Kentucky Corporate Contractor to the U.S. Forest Service, Defendants-Appellants (04-5820).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2005.


Attorney(s) appearing for the Case

ON BRIEF: Peter R. Maier, Barbara L. Herwig, United States Department of Justice, Washington, D.C., C. Thomas Miller, J. Duncan Pitchford, Whitlow, Roberts, Houston & Straub, Paducah, Kentucky, for Appellants. Pat Osborn, Murray, Kentucky, pro se.

Before: MOORE and COOK, Circuit Judges; GWIN, District Judge.


OPINION

COOK, Circuit Judge.

This decision confronts the procedural ramifications attendant to a Westfall Act certification that denies the occurrence of any injury-causing event and the jurisdictional consequences of a denial of substitution under the Act — issues that have split the circuits. We vacate the district court decision, ascribing instead to the view adopted by a majority of the other circuits to have considered these issues.

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