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GILL v. U.S.

No. 06-1711.

471 F.3d 204 (2006)

Stephen GILL; Michelle Gill, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 1, 2006.

Attorney(s) appearing for the Case

Wendy Sibbison on brief for appellants.

Jonathan H. Levy, Attorney, Appellate Staff, Civil Division, Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Mark B. Stern, Attorney, Appellate Staff, Civil Division, on brief for appellee.

Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

This case involves an effort to evade the presentment and exclusive jurisdiction provisions of the Federal Employees Compensation Act (FECA), 5 U.S.C. §§ 8121, 8128, and bring suit directly in federal court under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. Adhering to this court's earlier decision in Bruni v. United States, 964 F.2d 76 (1st Cir.1992), we affirm...

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