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MAJANO v. U.S.

No. 05-5200.

469 F.3d 138 (2006)

Mary T. MAJANO, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2006.

Attorney(s) appearing for the Case

David C. Gray argued the cause and filed the briefs for appellant.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

Appellant Mary T. Majano seeks damages for injuries she suffered when Jeanny Kim, a fellow employee at the Smithsonian Institution, allegedly assaulted her at work. Under the terms of the Westfall Act, 28 U.S.C. § 2679(d)(1), federal employees are immune from state tort lawsuits for money damages if their tortious conduct occurred while they were acting within the scope of...

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