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HELLER v. UNITED STATES

No. 85-3847.

803 F.2d 1558 (1986)

Richard W. HELLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 2, 1987.

Attorney(s) appearing for the Case

Mark T. McDermott, Washington, D.C., Arvind K. Lal, Arthur F. McCormick, South Miami, Fla., for plaintiff-appellant.

Dennis I. Moore, Asst. U.S. Atty., Tampa, Fla., Gary Allen, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., Walter Andrew Welch, Jr., Federal Air Surgeon's Office, Washington, D.C., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and GARZA, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 2, 1987.

ANDERSON, Circuit Judge:

Richard W. Heller appeals from an order of the district court dismissing his complaint on the ground that the Federal Aviation Administration's ("FAA") denial of a first-class medical certificate was a discretionary function exempted from liability under the Federal Tort Claims Act ("FTCA"), 28 U.S.C.A. § 2680(a) (West 1965). Heller argues that the government's negligent...

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