REEP v. UNITED STATES

No. 76-1559.

557 F.2d 204 (1977)

Reynold Floyd REEP, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 13, 1977.


Attorney(s) appearing for the Case

Benjamin L. Carroll, III, argued, Gould & McKenzie, Honolulu, Hawaii, for appellant.

Harry R. Silver, argued, Atty., Civil Division, Dept. of Justice, Washington, D. C., for appellee.

Before MERRILL and CHOY, Circuit Judges, and BONSAL, District Judge.


BONSAL, District Judge:

This is an appeal from a judgment of the United States District Court for the District of Hawaii granting summary judgment in favor of the United States. The district court held that the exclusivity provision of the Federal Employees Compensation Act ("FECA"), 5 U.S.C. § 8116(c), barred Plaintiff Reep's action against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Reep sued for damages...

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