WILLOUGHBY v. U.S. EX REL. U.S. DEPT. OF THE ARMY

No. 12-40915.

730 F.3d 476 (2013)

John E. WILLOUGHBY; Wendy Willoughby, Plaintiffs-Appellants v. UNITED STATES of America, on behalf of the UNITED STATES DEPARTMENT OF THE ARMY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 2013.


Attorney(s) appearing for the Case

Mark Clyde Burgess, Esq. , Attorney, Jonathan Ross Prazak , Boyd, Poff & Burgess, L.L.P., Texarkana, TX, for Plaintiff-Appellant.

Robert Austin Wells, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Tyler, TX, for Defendant-Appellee.

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.


PER CURIAM:

Plaintiffs-Appellants John and Wendy Willoughby (together, "the plaintiffs" or "Willoughby") appeal from dismissal of their Federal Tort Claims Act claim against the United States Army. John Willoughby, an employee of a private Army contractor, was injured on the job when he tripped and fell. Willoughby received workers' compensation benefits through his employer's policy. The employer's contract with the Army required the employer to provide workers'...

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