Robert Wildberger, Plaintiff Appellant, v. United States of America; Lawrence R. Rosenbaum, Defendantsappellees, 28 F.3d 1212 (4th Cir. 1994)

Robert Wildberger appeals from the district court's order dismissing his Complaint filed against Lawrence Rosenbaum, in his capacity as Comptroller for the United States Small Business Administration, for defamation in connection with Rosenbaum's employment. The district court properly substituted the United States as party defendant under 28 U.S.C. § 2679(d) (1988), and then dismissed the action because the Federal Tort Claims Act specifically excludes tort claims based on libel, slander, misrepresentation, or deceit. 28 U.S.C. § 2680(h) (1988); Talbert v. United States, 932 F.2d 1064, 1065 (4th Cir. 1991) (holding that complaint against federal employer, based on communication of allegedly defamatory information, falls within the libel and slander exception to the FTCA). Our review of the record and the district court's opinion reveals that this appeal is without merit. Therefore, we affirm on the reasoning of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

AFFIRMED.