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ANDREWS v. U.S.

No. 04-7269.

441 F.3d 220 (2006)

Anthony ANDREWS, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 2006.

As Amended February 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Alistair Elizabeth Newbern, Supervising Attorney, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant. Robert P. McIntosh, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Heather Kissel, Student Counsel, Randi Wallach, Student, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant. Paul J. McNulty, United States Attorney, Alexandria, Virginia, for Appellee.

Before WILLIAMS, KING, and SHEDD, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge SHEDD concurred. Judge KING wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge.

Anthony Andrews, an inmate in the Federal Correctional Institute — Petersburg, VA (FCI Petersburg), appeals the district court's dismissal of his suit brought under the Federal Torts Claim Act (FTCA), 28 U.S.C.A. §§ 1346 and...

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