Legal Opinion

Marcus F. Gill v. United States

Court of Appeals for the Fifth Circuit

Decided February 17, 1981No. 79-3174PublishedCited by 27 opinions

1Per 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 at Texarkana, Texas. On August 19, 1976, Gill participated in a voluntary inoculation program administered by the FAA’s regional flight surgeon. He indicated that he…

2Cases cited5 opinions

  1. United States v. DemkoSupreme Court of the United States · 1966
  2. Andy Bailey and Barbara Bailey v. United States, Through the Department of the ArmyCourt of Appeals for the Fifth Circuit · 1971
  3. Ashok K. Avasthi v. United StatesCourt of Appeals for the Fifth Circuit · 1979
  4. John A. Concordia v. The United States Postal Service, an Executive Sub-Division of the United States of AmericaCourt of Appeals for the Fifth Circuit · 1978
  5. Lawrence Waters by His Next Friend, Jerry Waters v. United StatesCourt of Appeals for the Eighth Circuit · 1972

3Cited by27 opinions

  1. Merrill Benton v. United States of America and the United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1992
  2. Cletis Meredith Miller v. William Bolger, Postmaster General of the United States Postal Service and the United States of AmericaCourt of Appeals for the Third Circuit · 1986
  3. Harry H. Wallace and Elizabeth Snyder Wallace v. United StatesCourt of Appeals for the Fourth Circuit · 1982
  4. Jacqueline and Salvadore A. Dipippa v. United StatesCourt of Appeals for the Third Circuit · 1982
  5. Sharon Lee Wright v. United StatesCourt of Appeals for the Sixth Circuit · 1983

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