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SMITH v. NICHOLSON

Civil Action No. H-06-1640.

516 F.Supp.2d 832 (2007)

Johnny Jermaine SMITH, Plaintiff, v. Jim NICHOLSON, United States Secretary of Veterans Affairs, and Houston VA Medical Center, Defendants.

United States District Court, S.D. Texas, Houston Division.

May 15, 2007.

Attorney(s) appearing for the Case

Gordon R Cooper, II, Houston, TX, for Plaintiff.

Samuel G. Longoria, US Attorneys Office, Houston, TX, for Defendants.

MEMORANDUM AND ORDER

LEE H. ROSENTHAL, District Judge.

Johnny Jermaine Smith worked for the Department of Veterans Affairs at the Houston Veterans Administration Medical Center. He has sued his former employer under the Privacy Act, 5 U.S.C. § § 552a, et seq. The defendant has moved to dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure, arguing that Smith must sue under the Federal Employee's Compensation Act (FECA), 5 U...

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