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RIVERA v. U.S. ARMY CORPS OF ENGINEERS

No. 89-3412 Summary Calendar.

891 F.2d 567 (1990)

Dwight S. RIVERA, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1990.

Attorney(s) appearing for the Case

Allain F. Hardin, Wiedemann & Fransen, New Orleans, La., for plaintiff-appellant.

Brian A. Jackson, Asst. U.S. Atty., New Orleans, La., for defendant-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

In this Federal Tort Claims Act (FTCA) suit, plaintiff-appellant Dwight S. Rivera (Rivera) appeals the district court's summary judgment in favor of defendant-appellee United States Army Corps of Engineers (the Corps) granted on the basis that the Corps was Rivera's statutory employer under LSA-R.S. § 23:1061. We conclude that the summary judgment evidence does not establish this defense as a...

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