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COUNTS v. GUEVARA

No. 02-50365.

328 F.3d 212 (2003)

Mary J. COUNTS; Jill A. Marangoni, Plaintiffs-Appellants, v. Edmundo GUEVARA; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 2003.

Attorney(s) appearing for the Case

John R. Jones (argued), Delgado, Acosta, Braden & Jones, El Paso, TX, for Plaintiffs-Appellants.

H. Thomas Byron, III (argued), Robert S. Greenspan, U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Defendants-Appellees.

Before GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Mary J. Counts ("Counts") and Jill A. Marangoni ("Marangoni") appeal the district court's dismissal of their libel, slander, and intentional infliction of emotional distress claims against Edmundo Guevara ("Guevara") for lack of jurisdiction based on the substitution of the United States as defendant. Because the district court, which did not have the benefit of the latest pronouncement by the Texas Supreme Court, erred in applying Texas...

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