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SUTER v. U.S.

No. 05-1521.

441 F.3d 306 (2006)

Fred SUTER; Terry D. Suter; Green Meadows, LLC; Paula Totherow; Donna L. Helms; Stephen Miller; Hilda A. Totherow; Ginny Blankenship; Arthur Helms, III; William E. Fowler; Carolyn Fowler; Sidney A. Livingston; Eugene Royals; Dennis Grubaugh; Deborah Grubaugh; James Koenig; Michelle Koenig; Dan E. Holman; Frankie Edmundson; Frank Goodman; Angelo Antonucci; Marshall S. Redding, Dr.; G. Douglas Hayden, Jr.; Claude G. Crisp; Stephen M. Schwartz; Dale C. Peters; Alma B. Schwartz, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Emerson R. Marks, Jr., Charlottesville, Virginia, for Appellants. Joshua Paul Waldman, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Gretchen C.F. Shappert, United States Attorney, Mark B. Stern, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.

Before WILKINS, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

OPINION

WILKINS, Chief Judge.

Appellants, victims of a fraudulent investment scheme, appeal a district court order dismissing, for lack of subject matter jurisdiction, their action against the United States alleging that an undercover federal agent improperly participated in the scheme...

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