United Air Lines, Inc. v. United States

affirming dismissal of air traffic controller based on pre-employment conduct including homosexual activity and smoking of marijuana | Air Force Command's designation of permissible flying areas, although an unreviewable 'discretionary' determination had regulations been complied with, held removed from 2680(a | while military authorities may have absolute discretion concerning when and where to fly, officer liable for negligently failing to warn civilian aviation | civilian passengers recover, servicemen passengers do not when an Air Force plane negligently hits a commercial airliner | civilian passengers recover, servicemen passengers do not when an Air Force plane negligently hits a commercial airliner | suit not barred where air controllers negligently fail to warn airline of hazardous flight training near airplane’s route | pro rata will continue to mean "in numerical shares or proportions based on the number of tortfeasors" | Air Force Command’s designation of permissible flying areas, although an unreviewable “discretionary” determination had regulations been complied with, held removed from § 2680(a) exception by Command’s failure to make prior study required by regulation | federal law governs finality of judgment for res judicata purposes | serviceman injured in part due to CAA employee negligence | serviceman injured in part due to CAA employee negligence | explaining distinction between indemnity and contribution