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PAYTON v. UNITED STATES

Civ. A. No. 78-533-P.

468 F.Supp. 651 (1979)

Douglas Glynn PAYTON, etc., et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Alabama, S. D.

March 29, 1979.

Attorney(s) appearing for the Case

Edward L. Hardin, Jr., Birmingham, Ala., for plaintiffs.

William A. Kimbrough, U. S. Atty., Mobile, Ala., Barbara Allen Babcock, Asst. Atty. Gen., Jeffrey Axelrad, Emilia M. DeMeo, Dept. of Justice, Washington D. C., for defendant.

ORDER ON MOTION TO DISMISS

PITTMAN, Chief Judge.

In 1977, Thomas Warren Whisenhant was convicted of the murder of Sheryl Lynn Payton, the plaintiffs' decedent.

This is a wrongful death action in which the plaintiffs allege the United States negligently reduced the sentence of Whisenhant and negligently granted him a parole. Plaintiffs assert that this court has jurisdiction under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671...

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