GARZA, District Judge.
This was a diversity action for damages resulting from personal injuries sustained by an Alabama State convict alleged to be a citizen of California, who was shot by a prison guard while attempting to escape.
Appellant was a member of a squad of twenty prisoners who were picking butterbeans in a field near Kilby Prison on the afternoon of September 18, 1963. This squad was being guarded by Appellee I. B. Heath, a custodial officer at...
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