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MUNIZ v. UNITED STATES

No. 98, Docket 26841.

305 F.2d 285 (1962)

Carlos MUNIZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 27, 1962.

Rehearing Decided June 28, 1962.

Attorney(s) appearing for the Case

Charles A. Ellis, New York City (Friedman, Friedman & Friedman, New York City, on the brief), for plaintiff-appellant.

Jerome I. Levinson, Atty., Dept. of Justice, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., and Robert M. Morgenthau, U. S. Atty., Southern District of New York, New York City, on the brief), for defendant-appellee.

Before CLARK, HINCKS and KAUFMAN, Circuit Judges.

Rehearing En Banc Decided June 28, 1962.

HINCKS, Circuit Judge.

Like Winston v. United States, 2 Cir., 305 F.2d 253 (1962), also decided this day, this case presents the question of the United States' liability for negligence in its handling of federal prisoners. In his complaint below, Carlos Muniz alleges that while confined in the federal prison at Danbury, Connecticut, he was set upon and beaten by twelve fellow inmates...

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