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GILL v. UNITED STATES

No. 79-3174.

641 F.2d 195 (1981)

Marcus F. GILL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

February 17, 1981.

Attorney(s) appearing for the Case

Ronald R. Glancz, Frederic D. Cohen, John F. Cordes, Appellate Staff, Civil Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Nicholas H. Patton, Texarkana, Ark., for plaintiff-appellee.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

PER CURIAM:

The government appeals from a judgment for the plaintiff, Marcus Gill, under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671-2680 (1976), contending that the plaintiff's exclusive remedy is the award made to him under the Federal Employees' Compensation Act (FECA), 5 U.S.C. §§ 8101-8193 (1976). We agree; we reverse.

The plaintiff, Gill, was employed by the Federal Aviation Administration as an air traffic controller...

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