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FLEMING v. U.S. POSTAL SERVICE, POSTMASTER GENERAL

No. 98-5724.

186 F.3d 697 (1999)

Leon FLEMING, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, POSTMASTER GENERAL; Danny Caughron, Sr., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 1999.

Attorney(s) appearing for the Case

Timothy R. McCarthy (argued and briefed), Nutt, Mayer & Stein, Louisville, Kentucky, for Plaintiff-Appellant. Terry M. Cushing (briefed), Richard A. Dennis, Assistant U.S. Attorney (argued and briefed), Louisville, Kentucky, for Defendants-Appellees.

Before: NORRIS and COLE, Circuit Judges; HOLSCHUH, District Judge.

OPINION

COLE, Circuit Judge.

Leon Fleming brought a personal injury action against the United States Postal Service (Postal Service) under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq. Upon the Postal Service's motion, the district court dismissed the action for lack of subject matter jurisdiction. Specifically, the court found that the Feres doctrine barred Fleming's suit. For the following reasons, we REVERSE.<...

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