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UNITED STATES v. COLE

No. 23564.

376 F.2d 848 (1967)

UNITED STATES of America, Appellant, v. Harl COLE, Appellee.

United States Court of Appeals Fifth Circuit.

May 2, 1967.

Attorney(s) appearing for the Case

Morton Hollander, Richard S. Salzman, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Charles L. Goodson, U. S. Atty., by Julius M. Hulsey, Asst. U. S. Atty., J. Charles Kruse, Atty., Dept. of Justice, Barefoot Sanders, Asst. Atty. Gen., Alan S. Rosenthal, Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., for appellant.

Donald B. Howe, Howe & Murphy, Tallapoosa, Ga., for appellee.

Before TUTTLE, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

PER CURIAM:

This suit for damages for personal injury under the Federal Tort Claims Act was decided by the trial court prior to the decision by the United States Supreme Court of United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258. It is clear that the Demko case rules this one, in that the appellee was a prisoner whose injuries were incurred in the course of a work activity...

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