United States Ninth Circuit

In a case involving a disputed post office box, dismissals of a tort and contract claim are reversed where the USPS was not immune from either claim under the Federal Tort Claims Act because plaintiff's claims did not arise from transmission of mail, but from failure to process fees and maintain a post office box.

Appellate Information

• Argued 03/04/2008
• Decided 09/25/2008
• Published 09/25/2008

Judges

• Before:  MARY M. SCHROEDER, KIM McLANE WARDLAW and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven S. Kane, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Ray E. Donahue, Washington, D.C., for the defendants-appellees.