Donna Hylin, Individually and as Administrator of the Estate of Donald Hylin, Deceased v. United States

Pursuant to an order of the Supreme Court, — U.S. -, 105 S.Ct. 65, 83 L.Ed.2d 16 (1984), this case is before us for reconsideration in light of United States v. S.A. Empresa de Viacao Aerea Rio Grandense, 467 U.S. -, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984) (“Varig Airlines”). The facts and procedural history of this Federal Tort Claims Act (FTCA) action were detailed in the panel opinion, Hylin v. United States, 715 F.2d 1206 (7th Cir.1983), and will be briefly summarized here only to the extent they bear upon the issue before us: whether the discretionary function exception to the waiver of…