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LEONE v. U.S.

No. 1297, Docket 90-6017.

910 F.2d 46 (1990)

Reynold LEONE, As Administrator of the Estate of Andrea Leone, Also known as Andrea Held, Deceased, Frances S. Costigan (now known as Costigan-Leeds), as Executrix of the Estate of George B. Costigan, Jr., Deceased, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 30, 1990.

Attorney(s) appearing for the Case

Thomas B. Almy, Sr. Aviation Counsel, U.S. Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendant-appellant.

Daniel M. Kolko (Milton G. Sincoff, Kreindler & Kreindler, New York City, of counsel), for plaintiffs-appellees.

Before ALTIMARI and MAHONEY, Circuit Judges, and POLLACK, District Judge.

ALTIMARI, Circuit Judge:

In this case, we consider whether private physicians, who are designated by the Federal Aviation Administration ("FAA"), as Aviation Medical Examiners ("AMEs"), are "employees of the government" for purposes of the Federal Tort Claims Act ("FTCA" or "Act"), 28 U.S.C. §§ 1346(b), 2671 et seq. (1988). Defendant-appellant United States appeals from an interlocutory order, entered in the United States District Court for the Eastern...

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