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JONES v. UNITED STATES

No. 76-1044 Summary Calendar.

534 F.2d 53 (1976)

John R. JONES, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 23, 1976.

Attorney(s) appearing for the Case

Max. P. Engel, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., John Steven Berk, Asst. U. S. Atty., Miami, Fla., for defendant-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

John R. Jones sought damages against the United States of America under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2674, for injuries received while he was incarcerated in the United States Penitentiary in Georgia. At a nonjury trial, the district court found no breach of the duty of care owed to plaintiff by the defendant, through the Bureau of Prisons, as provided in 18 U.S.C.A. § 4042, and entered a judgment for defendant...

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