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BENTON v. U.S.

No. 91-1547 Summary Calendar.

960 F.2d 19 (1992)

Merrill BENTON, Plaintiff-Appellant, v. UNITED STATES of America and the United States Postal Service, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1992.

Attorney(s) appearing for the Case

Margaret P. Ellis, Kitchens & Ellis, Pascagoula, Miss., for plaintiff-appellant.

Stephen R. Graben, Asst. U.S. Atty. and George Phillips, U.S. Atty., Biloxi, Miss., for defendants-appellees.

Before POLITZ, Chief Judge, and KING and EMILIO M. GARZA, Circuit Judges.

PER CURIAM.

Merrill Benton appeals the district court's grant of the Government's motion to dismiss her complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). She contends that the district court erred in concluding that (1) the exclusive remedy provision of the Federal Employees Compensation Act barred her recovery under the Federal Tort Claims Act for personal injuries, and (2) the exclusive remedy provision of the Federal Tort Claims Act barred...

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