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PALMER v. FLAGGMAN

No. 93-1955.

93 F.3d 196 (1996)

Thomas E. PALMER and Delores Palmer, Plaintiffs-Appellees, v. Paul D. FLAGGMAN, D.O., et al., Defendants, and Marcus NEWTON, D.O., et al., Defendants-Appellees, v. UNITED STATES of America, on Behalf of Dennis N. GRAHAM, D.O., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1996.

Attorney(s) appearing for the Case

Bonnie Keith Wulff, Dallas, TX, for plaintiffs-appellees.

Brenda Neel Hight, Dallas, TX, James Wade Birdwell, Shannon, Gracey, Ratliff & Miller, Fort Worth, TX, for defendant-appellee Marcus Newton, DO.

Daniel A. Foster, Bruce S. Campbell, McLean & Sanders, Fort Worth, TX, for defendant-appellee Bedford Northeast Community Hospital, Inc.

Roger Dean Einerson, Washington, DC, Steven Kenneth Forjohn, U.S. Dept. of Justice, Torts Div., Washington, DC, for movant-appellant U.S. on behalf of Graham.

Before WISDOM, KING, and DUHÉ, Circuit Judges.

WISDOM, Circuit Judge:

In this case, we decide whether under Texas law, a federal employee who acts as the "borrowed servant" of a private employer may simultaneously act within the scope of his federal employment in such a way as to make him immune from suit under the West-fall Act. Because we conclude that Texas law defining an individual's scope of employment is a separable inquiry from Texas law regarding the ultimate liability of the individual's employer, we...

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