WOOTEN v. UNITED STATES

No. 29613.

437 F.2d 79 (1971)

Jimmie Otis WOOTEN, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 1971.


Attorney(s) appearing for the Case

John W. Stokes, U. S. Atty., Atlanta, Ga., Morton Hollander, Robert E. Kopp, Dept. of Justice, Washington, D. C., for defendant-appellant.

Charles D. Read, Jr., Atlanta, Ga., for plaintiff-appellee.

Before BELL, DYER and RONEY, Circuit Judges.


PER CURIAM:

Wooten a federal inmate who was injured in the fall of an elevator, prevailed in his Federal Tort Claims Act suit1 in the District Court despite the Government's defense that as a prisoner-employee his exclusive remedy was his right to recover compensation under 18 U.S.C.A. § 4126.2 We reverse.

Wooten, a federal prisoner, was employed under...

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