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LOGUE v. UNITED STATES

No. 71-2426.

459 F.2d 408 (1972)

Orval C. LOGUE, etc., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 31, 1972.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., William L. Bowers, Jr., Asst. U. S. Atty., Houston, Tex., for defendant-appellant.

Wm. R. Edwards, Corpus Christi, Tex., Marvin Foster, Jr., Alice, Tex., Philip K. Maxwell, Corpus Christi, Tex., Edwards & De Anda, Corpus Christi, Tex., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 31, 1972.

SIMPSON, Circuit Judge:

Reagan Edward Logue (hereinafter Logue), on May 25, 1968, while confined in the Nueces County, Texas, jail pursuant to a federal bench warrant, hanged himself. Suit was brought against the United States to recover damages under the Federal Tort Claims Act, Title 28, U.S.Code, Chapter 171, and the Texas Wrongful Death Act, Vernon's Ann. Revised Civil Statutes of Texas, Article 4671...

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