WILLIAMS v. U.S.

No. 94-20639.

71 F.3d 502 (1995)

W. Douglas WILLIAMS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 13, 1995.


Attorney(s) appearing for the Case

Ella T. Tyler, Houston, TX, for appellant.

John F. Daly, Barbara L. Herwig, Washington, DC, Gaynell Griffin Jones, U.S. Attorney, U.S. Dept. of Justice, Jeffrey Axelrad, Director, Torts Branch, Civ. Div., Rupert M. Mitsch, Washington, D.C., for appellees.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

On this third appeal in this case, Plaintiff-Appellant W. Douglas Williams ("Williams") appeals the district court's order granting the motion of the United States to substitute itself as defendant in place of Congressman Jack Brooks ("Brooks") pursuant to the Westfall Act, 28 U.S.C. § 2679(d), and the court's dismissal for failure to state a claim upon which relief may be granted. Finding that...

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