DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042998P.pdf 09/06/2005 Anthony Phillips v. USA
U.S. Court of Appeals Case No: 04-2998
Eastern District of Arkansas
[PUBLISHED] [Wollman, Author, with Hansen and Riley, Circuit
Judges]
Civil case -Federal Tort Claims Act. In analyzing whether the Postal
Service was plaintiff's employer under Arkansas's dual employment doctrine,
the district court erred in finding that the first requirement of the test for
dual employment - the existence of a contract for hire - was satisfied, as
there was no evidence in the record that either an express or an implied
contract was formed between plaintiff and the Postal Service; district court's
grant of summary judgment reversed and the case remanded for further
proceedings.