Nicholas Nasuti v. James Scannell, Nicholas Nasuti v. James Scannell, United States of America, in Re United States of America and James Scannell
Court of Appeals for the First Circuit
1Opinion of the Court
LEVIN H. CAMPBELL, Circuit Judge.
This case comes before us for the second time. Its first visitation was in Nasuti v. Scannell, 792 F.2d 264 (1st Cir.1986) (“Na-suti I”). The present time around, the basic issues remain much the same--the re-viewability and correctness of the district court’s order remanding back to the state court plaintiff Nasuti’s claim for assault and battery against defendant Scannell. However, because of Congress’s recqnt adoption of the Westfall Act, our answer is now different. While in Nasuti I, we dismissed for lack of appellate jurisdiction, in Nasuti II we…
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