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HARPER v. UNITED STATES

No. 75-1245 Summary Calendar.

515 F.2d 576 (1975)

Amos Edgar HARPER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 1975.

Attorney(s) appearing for the Case

Ben B. Mills, Jr., Fitzgerald, Ga., for plaintiff-appellant.

Ronald T. Knight, U. S. Atty., Macon, Ga., William Kanter, Michael H. Stein, Thomas S. Moore, Dept. of Justice, Civil Div., Appellate Section, Washington, D. C., for defendant-appellee.

Before THORNBERRY, SIMPSON and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

Plaintiff Harper appeals from an adverse judgment in a Federal Tort Claims Act1 suit, in which he sought damages for injury to his left shoulder sustained in a shower fall. The fall occurred on June 26, 1972 at the Dougherty County Jail in Albany, Georgia, to which he had been temporarily transferred pending assignment to a federal institution. Four days earlier the plaintiff had pleaded guilty to federal liquor...

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