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WILKINSON v. U.S.

No. 08-1212.

564 F.3d 927 (2009)

Virgil WILKINSON, Charles Wilkinson, Alva Rose Hall, Wilbur D. Wilkinson, for themselves and as heirs of Ernest Wilkinson, Mollie Wilkinson, Harry Wilkinson and Virginia Wilkinson, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2009.

Attorney(s) appearing for the Case

John Samuel Koppel, argued, Mark B. Stern, on the brief, Washington, DC, for appellant.

John Mahoney, argued, Center, ND, appellees.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

MELLOY, Circuit Judge.

The United States appeals from several of the district court's adverse holdings following a bench trial on claims against the Government under the Federal Tort Claims Act ("FTCA"). Specifically, the Government appeals the district court's holding on conversion, its award of prejudgment interest, and its determination of non-economic damages based on intentional infliction of emotional distress. We reverse with respect to liability and damages...

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