Legal Opinion

Connie JAMISON, Plaintiff-Appellee, v. Jerry WILEY, Defendant-Appellant, United States of America, Defendant-Appellee

Court of Appeals for the Fourth Circuit

Decided January 13, 1994No. 92-1628PublishedCited by 129 opinions

1Opinion of the Court

OPINION

PHILLIPS, Circuit Judge:

Jerry Wiley, a federal employee, appeals the district court’s refusal to substitute the United States for him as defendant in a removed state tort action brought against him by one of his subordinates, as well as its subsequent decision to remand the action to state court, 794 F.Supp. 587. We hold that the district court properly refused to substitute the United States as defendant, but that it erred in relinquishing jurisdiction and remanding the ease to state court. We there fore reverse the order of remand and direct the district court to exercise…

2Cases cited34 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Barr v. MatteoSupreme Court of the United States · 1959
  5. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976

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3Cited by129 opinions

  1. Burlington Industries, Inc. v. EllerthSupreme Court of the United States · 1998
  2. United Investors Life Insurance Company v. Waddell & Reed Inc.Court of Appeals for the Ninth Circuit · 2004
  3. Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
  4. Phinney v. Wentworth Douglas HospitalCourt of Appeals for the First Circuit · 1999
  5. Bennett v. MIS CORP.Court of Appeals for the Sixth Circuit · 2010

124 more not listed; retrieve them via the Exa API.

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