Legal Opinion
Merrill Benton v. United States of America and the United States Postal Service
Court of Appeals for the Fifth Circuit
Decided February 12, 1992No. 91-1547PublishedCited by 178 opinions
1Per curiam
Merrill Benton appeals the district court's grant of the Government’s motion to dismiss her complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). She contends that the district court erred in concluding that (1) the exclusive remedy provision of the Federal Employees Compensation Act barred her recovery under the Federal Tort Claims Act for personal injuries, and (2) the exclusive remedy provision of the Federal Tort Claims Act barred her claim against the United States Postal Service. For the reasons set forth below, we affirm the district court’s dismissal of the claim.
I
On…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
- Johnson v. RobisonSupreme Court of the United States · 1974
- Barlow v. CollinsSupreme Court of the United States · 1970
- George G. Allman v. W. H. HanleyCourt of Appeals for the Fifth Circuit · 1962
7 more not listed; retrieve them via the Exa API.
3Cited by178 opinions
- Home Builders Ass'n of Mississippi, Inc. v. City of MadisonCourt of Appeals for the Fifth Circuit · 1998
- Truman v. United StatesCourt of Appeals for the Fifth Circuit · 1994
- Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven MestemacherCourt of Appeals for the Fifth Circuit · 2003
- Wagstaff v. United States Department of EducationCourt of Appeals for the Fifth Circuit · 2007
- Gregory R. Czerkies v. U.S. Department of Labor, Employment Standards Administration and Office of Workers Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1996
173 more not listed; retrieve them via the Exa API.