COWART v. UNITED STATES

No. 77-2855.

617 F.2d 112 (1980)

Tony D. COWART, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1980.


Attorney(s) appearing for the Case

Beverly B. Bates, Atlanta, Ga., for plaintiff-appellant.

William E. Turnipseed, Douglas P. Roberto, Asst. U. S. Attys., Atlanta, Ga., for defendant-appellee.

Before GEE, TJOFLAT and ANDERSON, Circuit Judges.


GEE, Circuit Judge:

In this case, we are again presented with the difficult task of determining whether the government is liable to a federal prisoner under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq. (1976), for injuries resulting from an assault upon him by another inmate. Although this is a close case, one in which we might reach a different result if we were sitting as a trial court, we nevertheless affirm the district...

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