SOSA v. COLEMAN

No. 80-5310.

646 F.2d 991 (1981)

Phyllis SOSA, Dennis Sosa and Alicia Sosa Sierra, Plaintiffs-Appellants, v. Melvin G. COLEMAN, Sheriff of Orange County, or his Successor, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied July 24, 1981.


Attorney(s) appearing for the Case

Perrin C. Butler, New Orleans, La., for plaintiffs-appellants.

Fowler, White, Gillen, Boggs, Villareal & Banker, Chris W. Altenbernd, James E. Thompson, Tampa, Fla., for defendant-appellee.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.


ALLGOOD, District Judge:

Appellants seek this court's reversal of the district court's dismissal of their complaint for failure to state a claim upon which relief could be granted. Because we find that the district court erred in determining proximate cause as a matter of law, we reverse the judgment of the district court.

Phyllis Sosa, as widow, and Dennis Sosa and Alicia Sosa Sierra, as children, of Abelardo Sosa brought suit against defendant Coleman on...

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