Robert GARCIA, Plaintiff-Appellant,
v.
UNITED STATES of America, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 3, 1996.
July 3, 1996.
Attorney(s) appearing for the Case
Lonnie Ann Roach, Austin, TX, for plaintiff-appellant.
Mollie S. Crosby, Austin, TX, Peter Rolf Maier, United States Department of Justice, Civil Division, Washington, DC, Ernest Carlos Garcia, Office of the United States Attorney, Austin, TX, Barbara L. Herwig, US Department of Justice, Civil Division, Washington, DC, for defendant-appellee.
Before WISDOM, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
RHESA HAWKINS BARKSDALE, Circuit Judge:
On remand from our en banc court, 62 F.3d 126 (1995), under the Westfall Act we must first decide whether, under Texas law, a federal employee acted within the scope of his employment, as so certified by the Attorney General; and second, if the employee was not within the scope, resulting in his being reinstated as defendant, we must decide whether the action remains in federal court. Whether...
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