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CREEL v. U.S.

No. 07-60703.

598 F.3d 210 (2010)

Thomas L. CREEL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, v. Lloyd F. Mercer, M.D., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2010.

Attorney(s) appearing for the Case

John David McChesney (argued), Rawls & McNelis, Richmond, VA, for Creel.

William George Cole (argued), U.S. Dept. of Justice, App. Staff, Civ. Div., Washington, DC, for U.S.

Stephanie Case Edgar, J. Leray McNamara, Copeland, Cook, Taylor & Bush, P.A., Ridgeland, MS, for Mercer.

Before REAVLEY, BENAVIDES and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Thomas L. Creel brought a medical malpractice action against Dr. Lloyd F. Mercer and the United States arising from Creel's treatment at the G.V. Montgomery Veterans Affairs Medical Center (VAMC) in Jackson, Mississippi. The district court dismissed Creel's claims against Mercer, concluding that Mercer was an employee of the federal government at the time of the alleged negligence and, consequently, entitled to immunity under the Federal

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