United States Fourth Circuit

Where defendant, a Marine Corps lieutenant, was not acting within the scope of his employment at the time of the accident in question, the order denying his motion to substitute the United States as the party defendant is affirmed, and case remanded for resolution on the merits.

Appellate Information

• Argued 12/01/1999
• Decided 10/31/2002
• Published 10/31/2002

Judges

• Before WIDENER and LUTTIG, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Maralan Kelley, III, Assistant United States Attorney, Norfolk, Virginia;  Richard Alan Saunders, Furniss, Davis, Rashkind & Saunders, P.C., Norfolk, Virginia, for Appellant.  Blair Edmund Smircina, Kalfus & Nachman, Norfolk, Virginia, for Appellee.