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GARCIA v. U.S.

No. 92-8490.

22 F.3d 609 (1994)

Robert GARCIA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

On Suggestion for Rehearing June 23, 1994.

Attorney(s) appearing for the Case

Lonnie Roach, Bemis, Roach & Reed, Austin, TX, for appellant.

Ernest C. Garcia, Asst. U.S. Atty., Mollie S. Crosby, Ronald F. Ederer, U.S. Atty., Austin, TX, Barbara L. Herwig, Asst. Director, Appellate Staff, Peter Maier, Civ. Div., U.S. Dept. of Justice, Washington, DC, for appellee.

Before WISDOM, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

On Suggestion for Rehearing En Banc June 23, 1994.

PER CURIAM.

An injured motorist appeals from the district court's dismissal of his tort claim for failing to exhaust administrative remedies. The motorist was injured by an intoxicated federal employee. The United States Attorney certified, under the Westfall Act,1 that the employee acted within the scope of his employment at the time he injured the plaintiff. We conclude that...

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