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ALFONSO v. U.S.

No. 13-30824.

752 F.3d 622 (2014)

Joseph ALFONSO, IV, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 12, 2014.

Attorney(s) appearing for the Case

William Gregory Merritt (argued), Counsel, Silbert, Garon, Pitre & Friedman, New Orleans, LA, for Plaintiff-Appellant.

Peter M. Mansfield (argued), Assistant U.S. Attorney, Kevin G. Boitmann , Assistant U.S. Attorney, Andre Jude Lagarde , Assistant U.S. Attorney, U.S. Attorney's Office, New Orleans, LA, for Defendant-Appellee.

Before JONES, SMITH, and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Joseph Alfonso sued Louisiana national guardsmen under the Federal Tort Claims Act ("FTCA") for alleged negligence arising from post-Hurricane Katrina activities undertaken while they were in federal-pay status.1 The FTCA permits recovery against the United States if the federal employees would be liable for the same conduct as private individuals under state law.2 The Louisiana...

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