RIDER v. U.S. POSTAL SERVICE

No. 87-2622.

862 F.2d 239 (1988)

J. Alfred RIDER, M.D., Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, an Executive Agency of the United States; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1988.


Attorney(s) appearing for the Case

John D. O'Connor and Patrick J. Hogan, Tarkington, O'Connor & O'Neill, P.C., San Francisco, Cal., for plaintiff-appellant.

George Chris Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees.

Before WISDOM, BOOCHEVER and THOMPSON, Circuit Judges.


BOOCHEVER, Circuit Judge:

This appeal involves a claim against the United States Postal Service for failure to deliver third class mail within the time promised by a Postal Service employee. We affirm the dismissal because under the facts as alleged in the complaint the Postal Service cannot be estopped from denying the authority of the employee to make the representations.

Dr. Rider appeals from the dismissal of his complaint for failure to state a claim...

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