Meridian International Logistics, Inc. v. United States of America, and Does 1 Through 100, Inclusive

30 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MERIDIAN INTERNATIONAL LOGISTICS, INC., Plaintiff-Appellant, v. UNITED STATES of America, and Does 1 through 100, inclusive, Defendant-Appellee. No. 93-55082. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1994. * Decided July 28, 1994. 1 Before: POOLE and REINHARDT, Circuit Judges, and TANNER, District Judge. ** 2 MEMORANDUM *** 3 Meridian International Logistics ("Meridian") sued FBI Agent Thomas Gates for libel and other torts for statements made in the course of an investigation. The district court substituted the United States as defendant pursuant to 28 U.S.C. Sec. 2679 (d)(2) and dismissed the case. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 4 * Meridian argues on appeal that Agent Gates may not have been acting within the scope of his employment when he allegedly defamed Meridian. We review de novo whether a government employee was acting within the scope of…