From Casetext: Smarter Legal Research

Irving v. U.S.

United States Court of Appeals, First Circuit
Jun 8, 1998
146 F.3d 12 (1st Cir. 1998)

Summary

Irving IV

Summary of this case from Irving v. United States

Opinion

Nos. 96-2368, 96-2369.

June 8, 1998.

Before TORRUELLA, Chief Judge, SELYA, BOUDIN, STAHL and LYNCH, Circuit Judges.


ORDER OF COURT

A majority of the judges of this court in active service have voted sua sponte to review the panel decision in this matter en banc. The panel opinions (majority and dissenting) are therefore withdrawn.

The parties shall file simultaneous supplemental briefs within thirty days of the date of this order, not to exceed twenty-five pages per side. The issues for en banc review include both the applicability of the Federal Tort Claims Act and its discretionary function exception, and the question of whether New Hampshire law (particularly that state's Good Samaritan doctrine) would hold a private actor liable under the circumstances of this case.

The en banc court reserves, pending its receipt and consideration of the supplemental briefs, any determination as to whether further oral argument will aid the decisional process. If the court answers that question affirmatively, oral argument will be scheduled during the court's September 1998 sitting. If the court answers that question negatively, the court will decide the case on the record (including the supplemental briefs).


Summaries of

Irving v. U.S.

United States Court of Appeals, First Circuit
Jun 8, 1998
146 F.3d 12 (1st Cir. 1998)

Irving IV

Summary of this case from Irving v. United States
Case details for

Irving v. U.S.

Case Details

Full title:GAIL MERCHANT IRVING, PLAINTIFF, APPELLEE, UNITED STATES OF AMERICA…

Court:United States Court of Appeals, First Circuit

Date published: Jun 8, 1998

Citations

146 F.3d 12 (1st Cir. 1998)

Citing Cases

Irving v. United States

In contrast, the dissent from the withdrawn panel opinion was based on the belief "that state law, properly…