Legal Opinion
Ashok K. Avasthi v. United States
Court of Appeals for the Fifth Circuit
Decided December 27, 1979No. 77-2687PublishedCited by 49 opinions
1Opinion of the Court
VANCE, Circuit Judge:
Ashok K. Avasthi sued the United States for personal injuries under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (FTCA). The government answered that the claim was barred because Avasthi’s exclusive remedy is the Federal Employees Compensation Act, 5 U.S.C. § 8108 et seq. (FECA). FECA applies to injuries sustained “while in the performance of [an employee’s] duty.” Id. § 8102(a). Following a bench trial on the merits, the district court dismissed the action for lack of jurisdiction.
The issues in this case bring it squarely within the reasoning of Bailey v. United…
2Cases cited5 opinions
- O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
- United States v. DemkoSupreme Court of the United States · 1966
- Andy Bailey and Barbara Bailey v. United States, Through the Department of the ArmyCourt of Appeals for the Fifth Circuit · 1971
- Annunzio Somma v. United StatesCourt of Appeals for the Third Circuit · 1960
- United States v. Francis BrowningCourt of Appeals for the Tenth Circuit · 1966
3Cited by49 opinions
- Freddie L. Johnson and Clara Johnson, Husband and Wife, and Cross v. United States of America, and Cross-Appellee v. Timothy B. Hay, Third PartyCourt of Appeals for the Third Circuit · 1983
- Parker v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- Gail D. Konradi, Personal Representative of the Estate of Glenn J. Konradi v. United States of America and Robert E. FarringerCourt of Appeals for the Seventh Circuit · 1990
- William Dan Deford v. Secretary of Labor, and Tennessee Valley Authority, Intervenor. Tennessee Valley Authority v. Secretary of LaborCourt of Appeals for the Sixth Circuit · 1983
- Sowell v. American Cyanamid Co.Court of Appeals for the Eleventh Circuit · 1989
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