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PARKER v. UNITED STATES

No. 77-3448.

611 F.2d 1007 (1980)

Janet Alene PARKER, Surviving Widow, Individually and in her representative capacity as next friend and natural guardian of her sons, Jack Lowe Parker, III, et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 11, 1980.

Attorney(s) appearing for the Case

C. W. (Pete) Harland, Lubbock, Tex., for plaintiffs-appellants.

Roger L. McRoberts, Asst. U. S. Atty., Lubbock, Tex., for defendant-appellee.

Before GOLDBERG, FAY and ANDERSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 11, 1980.

FAY, Circuit Judge:

After exhausting her administrative remedies, Janet A. Parker filed this action individually and as representative for her children under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (1976), claiming damages for the wrongful death of her husband, Jack Lowe Parker. We are asked to decide whether or not an off-duty serviceman on a four-day "furlough" proceeding...

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