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HOUSTON v. U.S. POSTAL SERVICE

No. 85-3639.

823 F.2d 896 (1987)

Alton J. HOUSTON, Plaintiff-Appellee, Cross-Appellant, v. UNITED STATES POSTAL SERVICE, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 23, 1987.

Attorney(s) appearing for the Case

Nancy A. Nungesser, Asst. U.S. Atty., New Orleans, La., Joan Bernott, Washington, D.C., Boggs, Loehn & Rodrigue, New Orleans, La., for U.S. Postal Service.

Adolph J. Levy, Thomas A. Gennusa, II, New Orleans, La., for Houston.

Before WISDOM, JOHNSON and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 23, 1987.

GARWOOD, Circuit Judge:

The question in this Federal Tort Claims Act case is whether the district court had jurisdiction to try Alton Houston's suit against the United States. We hold that the lower court lacked jurisdiction and accordingly reverse the judgment below and dismiss the case.

Facts and Proceedings Below

When the events giving rise to this suit occurred, Alton Houston...

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