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BAILEY v. UNITED STATES, THROUGH DEPARTMENT OF ARMY

No. 71-1731.

451 F.2d 963 (1971)

Andy BAILEY and Barbara Bailey, Plaintiffs-Appellees, v. UNITED STATES, THROUGH the DEPARTMENT OF the ARMY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1971.

Attorney(s) appearing for the Case

L. Patrick Gray, III, Asst. Atty. Gen., Donald E. Walter, U. S. Atty., Paul Lynch, Asst. U. S. Atty., Shreveport, La., Robert Kopp, Morton Hollander, Robert M. Feinson, Attys., Civil Div., Appellate Section, Dept. of Justice, Washington, D. C., for defendant-appellant.

Scott McClain, Lake Charles, La., for plaintiffs-appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In this case the district court held that plaintiffs' action was maintainable under the Federal Tort Claims Act,1 28 U.S.C. § 1346, because no substantial question of coverage was presented under the Federal Employees' Compensation Act (FECA),2 5 U.S.C. § 1801 et seq. We affirm.

Mrs. Barbara Bailey was a civilian employee...

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