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FLOHR v. MACKOVJAK

No. 93-6956.

84 F.3d 386 (1996)

Steven W. FLOHR; Susan Flohr, Plaintiffs-Appellees, v. Joseph MACKOVJAK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 31, 1996.

Attorney(s) appearing for the Case

Claude Harris, D. Wayne Rogers, Jr., Asst. U.S. Attys., Birmingham, AL, Barbara L. Herwig, Marc Richman, Dept. of Justice, Civil Div., Washington, DC, for appellant.

Steven J. Shaw, Huntsville, AL, for appellees.

Before TJOFLAT, Chief Judge, BARKETT, Circuit Judge, and CLARK, Senior Circuit Judge.

TJOFLAT, Chief Judge:

This case involves a federal employee who was sued in state court for a negligent act committed while he was acting within the scope of his employment. The employee removed the case to district court and, represented by the United States Attorney, moved the court to substitute the United States as the party defendant. See 28 U.S.C. § 2679(d) (1994). The district court denied the motion to substitute and remanded the case to the state...

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