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TRANSAMERICA ASSUR. CORP. v. SETTLEMENT CAPITAL

No. 06-5601.

489 F.3d 256 (2007)

TRANSAMERICA ASSURANCE CORPORATION, Plaintiff, v. SETTLEMENT CAPITAL CORPORATION, Defendant-Appellant, United States of America, Defendant-Appellee, Gary Steele, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert B. Weathersby, Andrews Kurth, Dallas, Texas, for Appellant. William G. Cole, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Robert B. Weathersby, Suzanne B. Campbell, Andrews Kurth, Dallas, Texas, Frank P. Doheny, Jr., Dinsmore & Shohl, Louisville, Kentucky, for Appellant. William G. Cole, United States Department of Justice, Washington, D.C., for Appellee. Nathaniel R. Jones, Sharon J. Zealey, Blank Rome, Cincinnati, Ohio, for Amicus Curiae.

Before: COOK and McKEAGUE, Circuit Judges; and EDGAR, District Judge.

OPINION

COOK, Circuit Judge.

Settlement Capital Corporation ("Settlement Capital") appeals a district court's order granting summary judgment in favor of the United States on the basis of federal sovereign immunity. We affirm.

I

Gary Steele was injured by a Virginia National Guard vehicle. He filed a claim against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671, et seq. The United...

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