Coover v. United States ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30731
Summary Calendar
CORBY D. COOVER; MARIA COOVER;
BRYANA COOVER,
Plaintiffs-Appellants,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Louisiana
(USDC No. 99-CV-1920)
_______________________________________________________
December 7, 2000
Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Sgt. Corby Coover, his wife Maria Coover, and his daughter Bryana Coover
appeal from summary judgment on their claims under the Federal Tort Claims Act,
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
ch. 753, 60 Stat. 842 (1946) (codified as amended in scattered sections of 28
U.S.C.).
Because Sgt. Coover was injured (1) while on active duty, (2) while
performing military duties, and (3) at Fort Polk, the district court correctly applied
the Feres doctrine. See United States v. Johnson, 481 U.S. 681, 686-88 (1987);
Feres v. United States, 340 U.S. 135, 146 (1950). Under the law and holding of the
Supreme Court, the suit of the Coovers is barred.
AFFIRMED.
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