PLUMMER v. UNITED STATES

Nos. 77-1121, 77-1122.

580 F.2d 72 (1978)

Gerald L. PLUMMER, Charles C. Ray, Alfred Jeffress, James B. Smoak, Rosa Crespo, Burless Anderson, Kenneth A. Moulden, Kenneth A. Jenkins, Frankie L. Thomas, Orlando Jennings, Theodore Harrison v. UNITED STATES of America. Donald E. ALLEN, v. UNITED STATES of America. Appeal of Donald ALLEN, Orlando Jennings, Alfred Jeffress and Kenneth Jenkins, in No. 77-1121. Appeal of Rosa CRESPO, James B. Smoak and Kenneth Moulden, in No. 77-1122.

United States Court of Appeals, Third Circuit.

Decided May 26, 1978.


Attorney(s) appearing for the Case

Alan L. Director, Lee Mandell, Philadelphia, Pa., for appellants.

S. John Cottone, U. S. Atty., Scranton, Pa., Joseph F. Cimini, Asst. U. S. Atty., Lewisburg, Pa., (Jonathan Hoffman, U. S. Dept. of Justice, Washington, D. C., of counsel on brief), for appellee.

Before ALDISERT and ADAMS, Circuit Judges, and HANNUM, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Eight prisoners confined in a federal penitentiary brought the present suit under the Federal Tort Claims Act seeking damages as a result of allegedly negligent action by prison officials in exposing them to the active tuberculosis of a fellow prisoner. The trial court bifurcated the proceedings and heard the damage phase of the case first. It determined that the appellants here proved no compensable damages under...

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