Thomas A. Bonaventure v. USA

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 2, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-11590
________________________
D.C. Docket No. 1:07-cv-03218-WBH
THOMAS F. BONAVENTURA
lllllllllllllllllllllPlaintiff-Counter-
lllllllllllllllllllllDefendant-Appellee,
versus
UNITED STATES OF AMERICA
lllllllllllllllllllllDefendant-Counter-
lllllllllllllllllllllClaimant-Third Party Plaintiff-
lllllllllllllllllllllAppellant,
GREGORY A. SMITH,
llllllllllllllllllllllThird Party Defendant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(June 2, 2011)

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Before HULL, BLACK and STAPLETON, Circuit Judges.*
PER CURIAM:
After review and oral argument, we conclude the Appellant United States of
America has not demonstrated reversible error in the district court’s order dated
December 14, 2009 which entered judgment in favor of the Appellee Thomas F.
Bonaventura. Even concluding the presumption of official regularity applies, the
evidence creates factual issues for the fact-finder, and we cannot say there was
insufficient evidence to support the district court’s fact findings and conclusions
of law.
AFFIRMED.
Honorable Walter K. Stapleton, United States Circuit Judge for the Third Circuit, sitting*
by designation.
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