ZUSPANN v. BROWN

No. 94-50698.

60 F.3d 1156 (1995)

Gary ZUSPANN, Plaintiff-Appellant, v. Jesse BROWN, Secretary of the Department of Veterans Affairs, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 11, 1995.


Attorney(s) appearing for the Case

Robert L. McHaney, Jr., C. Alfred MacKenzie, James E. Wren, Haley & Davis, Waco, TX, for Gary Zuspann.

Mark C. Niles, Marleigh D. Dover, Sp. Counsel, Barbara C. Biddle, Asst. Director, U.S. Dept. of Justice, Washington, DC, for Jesse Brown.

Before WISDOM, GARWOOD and DAVIS, Circuit Judges.


WISDOM, Circuit Judge:

The plaintiff/appellant, Gary Zuspann, appeals from the district court's dismissal of his cause of action. We affirm.

I

Gary Zuspann served as a Navy cook on the U.S.S. New Orleans during the war in the Persian Gulf. While the ship was anchored in the Persian Gulf, Zuspann was exposed to a variety of pollutants: smoke and debris from oil wells burning nearby, oil-contaminated water from the Gulf, and exhaust fumes from the...

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