Eugene Dupree v. The United States

KALODNER, Circuit Judge.

Can an action be maintained against the United States for damages under the Federal Tort Claims Act on a claim arising out of the enforcement of the merchant seaman screening program, which resulted in the allegedly wrongful withholding of a security clearance by the Commandant of the Coast Guard acting pursuant to the recommendations of hearing boards performing functions under regulations promulgated by the Commandant ?

That is the question presented on this appeal from the judgment of the District Court for the Eastern District of Pennsylvania granting the motion of…