32 C.F.R. § 536.25 Claims also cognizable under other statutes.
Title 32 - National Defense
(a) General. Claims based upon a single act or incident cognizable under §§536.20 through 536.35, which are also cognizable under the FTCA (28 U.S.C. 2671–2680) §536.50, the Army Maritime Claims Settlement Act (10 U.S.C. 4801–04, 4806) §536.60, the FCA (10 U.S.C. 2734), or title 31, U.S.C. section 3721 (Personnel Claims), will be considered first under the latter statutes. If not payable under any of those latter statutes, the claim will be considered under §§536.20 through 536.35. (b) Claims in litigation. Disposition under §§536.20 through 536.35 of any claim of the type covered by this section that goes into litigation in any State or Federal court under any State or Federal statute or ordinance will be suspended pending disposition of such litigation and the claim file will be forwarded to the Commander, USARCS. The Commander, USARCS, in coordination with the U.S. Department of Justice, may determine that final disposition under §§536.20 through 536.35 during pendency of the litigation is in the best interests of the United States. This section will also apply to any litigation brought against any agent of the United States in his or her individual capacity which is based upon the same acts or incidents upon which a claim under §§536.20 through 536.35 is based.
Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart B—Claims Arising From Activities of Military or Civilian Personnel or Incident to Noncombat Activities
§ 536.25 Claims also cognizable under other statutes.
