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DEMKO v. UNITED STATES

No. 15087.

350 F.2d 698 (1965)

Stephen Robert DEMKO v. UNITED STATES of America, Appellant.

United States Court of Appeals Third Circuit.

Decided September 21, 1965.

Attorney(s) appearing for the Case

Richard S. Salzman, Civil Division, Appellate Sect. Department of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Morton Hollander, Attorney, Dept. of Justice, Washington, D. C. on the brief), for appellant.

Gerald N. Ziskind, Pittsburgh, Pa., for appellee.

Before GANEY and FREEDMAN, Circuit Judges, and KIRKPATRICK, District Judge.

FREEDMAN, Circuit Judge.

Plaintiff brought this suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., for damages for personal injuries sustained on March 12, 1962 while performing maintenance work which he was ordered to do as an inmate of the Federal Penitentiary at Lewisburg, Pennsylvania. On his release from prison he was awarded compensation of $180 monthly from Federal Prison Industries, Inc., under 18 U.S.C. § 4126. He later...

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