Richard W. Heller v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
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 failure to consider the 1968 electrocardiogram (“EKG”) in his file and the government’s negligent application of the medical standard in 14 C.F.R. § 67.13(e)(l)(i) (1986) do not fall within the scope…
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