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GARCIA v. U.S.

No. 92-8490.

62 F.3d 126 (1995)

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

United States Court of Appeals, Fifth Circuit.

August 25, 1995.

Attorney(s) appearing for the Case

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

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

Before POLITZ, Chief Judge, WISDOM, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.

PER CURIAM:

We sit en banc in this case to resolve two questions. First, we consider whether a certification by the Attorney General under the Westfall Act1 that a federal employee was acting within the scope of his employment at the time of an allegedly tortious act is subject to judicial review. Second, we must determine whether the source for the standard to determine scope of employment is state or federal law.

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