MULLINS v. BLACKWELL

Civ. A. No. 10573.

283 F.Supp. 462 (1967)

Jeff Davis MULLINS, Jr. v. Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, and Leo N. McKenzie, D.D.S., Chief of Dental Services, United States Penitentiary, Atlanta, Georgia.

United States District Court N. D. Georgia, Atlanta Division.

November 18, 1967.


Attorney(s) appearing for the Case

D. Warner Wells, Charles R. Adams, Jr., Ft. Valley, Ga., for plaintiff.

Charles L. Goodson, U. S. Atty., Beverly B. Bates, Asst. U. S. Atty., Atlanta, Ga., for defendants.


LEWIS R. MORGAN, Chief Judge.

The defendants in the above-styled action have filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiff's action is one for damages under the Federal Tort Claims Act, 28 U.S. C.A. § 2671.

The basis of the plaintiff's complaint is that he was struck in the mouth by a baseball which caused him serious injury and pain. Though there are several questions of disputed fact,...

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