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COUNSEL
ARGUED: David Peter Voerman, DAVID P. VOERMAN, P.A.,
New Bern, North Carolina, for Appellant. Anne Margaret Hayes,
Assistant United States Attorney, Raleigh, North Carolina, for Appellees. ON BRIEF: Buren R. Shields, III, DAVID P. VOERMAN,
P.A., New Bern, North Carolina, for Appellant. Janice McKenzie
Cole, United States Attorney, Eileen C. Moore, Assistant United
States Attorney, Raleigh, North Carolina, for Appellees.
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OPINION
COPENHAVER, District Judge:
Plaintiff appeals from the judgment of the district court dismissing
his complaint. We affirm.
I.
Plaintiff was employed from 1982 to September 30, 1994, by the
Morale, Welfare and Recreation Directorate at a Marine Corps station
in Cherry Point, North Carolina (Directorate). The Directorate is a
nonappropriated fund instrumentality (NAFI), which provides recreational services and goods at the Cherry Point station. A NAFI is a
branch of the federal government, and, as such, enjoys immunity from
suit absent explicit waiver. Army & Air Force Exch. Serv. v. Sheehan,
456 U.S. 728, 733-34 (1982). A nonappropriated fund instrumentality
is usually one created by the government for use by government personnel. Military exchanges and similar entities are the major type of
NAFIs. The instrumentality is generally one to which the government
has provided funds, largely by loan, to initiate operations. The government loan is repaid out of the profits earned by the instrumentality's activity. Dupo v. Office of Personnel Management, 69 F.3d 1125,
1127 n.1 (Fed. Cir. 1995). NAFI employees are paid primarily from
income generated by the activity itself. Hostetter v. United States, 739
F.2d 983, 986 n.2 (4th Cir. 1984).
During his employment with the Directorate, plaintiff missed work
a considerable number of times as a result of excessive alcohol use.
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III.
Accordingly, for the reasons stated, the judgment of the district
court is affirmed.
AFFIRMED.
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