PLEDGER v. LYNCH

Attorney(s) appearing for the Case

ARGUED: David Kendall Roberts , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Maximillian Fitzsimmons Nogay , OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia; Christine Sayre Vaglienti , WEST VIRGINIA UNIVERSITY HOSPITALS, INC., Morgantown, West Virginia, for Appellees. ON BRIEF: Shannon Barrett , Ally Scher , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. William J. Powell , United States Attorney, Tara N. Tighe , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Federal Appellees.

Reversed in part, vacated in part, and remanded by published opinion. Judge Harris wrote the opinion, in which Chief Judge Gregory joined. Judge Quattlebaum wrote a separate opinion, concurring in part and dissenting in part.