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WUTERICH v. MURTHA

No. 07-5379.

562 F.3d 375 (2009)

Frank D. WUTERICH, Appellee v. John MURTHA, Congressman, and United States of America, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 2009.

Attorney(s) appearing for the Case

Darrell C. Valdez, Assistant U.S. Attorney, argued the cause for appellants. With him on the briefs were Gregory G. Katsas, Assistant Attorney General, U.S. Department of Justice, Jeffrey A. Taylor, U.S. Attorney, Thomas M. Bondy, Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.

Mark S. Zaid argued the cause for appellee. With him on the brief was Bradley P. Moss.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

This case involves an important question concerning the scope of absolute immunity under the Westfall Act. See 28 U.S.C. § 2679. The Westfall Act "accords federal employees absolute immunity from common-law tort claims arising out of acts they undertake in the course of their official duties." Osborn v. Haley, 549 U.S. 225, 229, 127 S.Ct. 881, 166 L.Ed.2d 819 (2007) (citing 28 U.S.C. § 2679(b)(1)). "When...

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