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KING v. U.S. DEPT. OF VETERANS AFFAIRS

No. 12-60835.

728 F.3d 410 (2013)

Phillip M. KING, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; Eric K. Shinseki, in his official capacity as Secretary of the United States Department of Veterans Affairs; United States Department of Labor; Hilda L. Solis, in her official capacity as Secretary of the United States Department of Labor; John Does 1-10; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 2013.

Attorney(s) appearing for the Case

Stephen W. Dummer , Deutsch, Kerrigan & Stiles, LLP, Gulfport, MS, for Plaintiff-Appellant.

Stephen R. Graben , Assistant U.S. Attorney, U.S. Attorney's Office, Gulfport, MS, for Defendants-Appellees.

Before ELROD and HIGGINSON, Circuit Judges, and MARTINEZ, District Judge.

JENNIFER WALKER ELROD, Circuit Judge:

This is an action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b)(1), 2671-80 (2006), in which Philip M. King ("King") seeks compensatory damages for loss of property and personal injuries allegedly caused by the negligence and malice of the United States Department of Veterans Affairs and others (collectively, "the VA"). The VA moved to dismiss King's claims, contending that the Veterans Judicial Review...

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