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CONCORDIA v. UNITED STATES POSTAL SERV.

Nos. 76-3662, 76-3587.

581 F.2d 439 (1978)

John A. CONCORDIA, Plaintiff-Appellant, v. The UNITED STATES POSTAL SERVICE, an executive sub-division of the United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 1978.

Attorney(s) appearing for the Case

Rossman & Baumberger, Miami, Fla., for plaintiff-appellant in No. 76-3587.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., for defendant-appellee in No. 76-3587.

John F. Cordes, Jr., Ronald R. Glancz, Attys., Barbara Allen Babcock, Asst. Atty. Gen., Appellate Section, Civil Div. Dept. of Justice, Washington, D. C., for defendant-appellee in Nos. 76-3587 and 76-3662.

Robert Orseck, Joel D. Eaton, Stephen F. Rossman, Miami, Fla., for plaintiff-appellant in Nos. 76-3587 and 76-3662.

Robert W. Rust, U. S. Atty., Miami, Fla., for defendant-appellee in No. 76-3662.

Before BROWN, Chief Judge, and THORNBERRY and CLARK, Circuit Judges.

Rehearing Denied December 4, 1978. See 585 F.2d 731.

JOHN R. BROWN, Chief Judge:

John Concordia, a federal employee, sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C.A. §§ 1346,1 2671 et seq., alleging that the negligence of other employees had caused him to have an accident and suffer serious injuries. The District Court found that plaintiff's claim presented...

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