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COUCH v. U.S.

No. 12-1107.

694 F.3d 852 (2012)

Alyce COUCH, independent administrator of the estate of Billy Couch, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 2012.

Attorney(s) appearing for the Case

Michael W. Rathsack (argued), Attorney, Chicago, IL, for Plaintiff-Appellant.

Amanda A. Berndt (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.

Before MANION, KANNE, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This case presents a recurring issue under the Federal Tort Claims Act and Illinois law, and one that has divided federal district courts in Illinois. The question is whether a driver employed by a private trucking company with a "Highway Contract Route" or "HCR" contract with the U.S. Postal Service is also a "borrowed employee" of the Postal Service for purposes of the Federal Tort Claims Act and the Illinois Workers Compensation Act (IWCA...

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