Summary:       The BIA filed a Motion for Summary Judgment, asserting, inter alia, that the plaintiff’s FTCA claim was barred by the exclusive remedy provisions of the FECA. The court concluded there was a substantial question regarding FECA coverage. Given the fact determinations regarding FECA eligibility are matters left to the sole discretion of the Secretary of Labor, the court stayed the action pending a ruling by the Secretary on the plaintiff’s application for FECA benefits.


Case Name: Siegfried v. BIA, et al.

Case Number: 1-05-cv-55

Docket Number: 22

Date Filed: 2/12/07

Nature of Suit: 350

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

SOUTHWESTERN DIVISION
 

Allen Siegfried,

Plaintiff,

-vs-

Bureau of Indian Affairs and United States of America,

Defendants.

)
) ORDER GRANTING IN PART
) MOTION FOR SUMMARY
) JUDGMENT AND STAYING ACTION
)
)
) Case No. 1:05-cv-55
)
)
)

 

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