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FOX v. CUSTIS

No. 82-1144.

712 F.2d 84 (1983)

Constance P. FOX; Lisa M. Morris, by her next friend, Miriam J. Morris; Wendy F. Morris, by her next friend, Miriam J. Morris, Appellants, v. Roy S. CUSTIS; John R. Chandler, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1983.

Attorney(s) appearing for the Case

Marc E. Bettius, Fairfax, Va. (Stephen K. Fox, Bettius, Rosenberger & Carter, P.C., Fairfax, Va., Robert A. Downs, Vienna, Va., on brief), for appellants.

Dennis G. Merrill, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellees.

Before HALL and PHILLIPS, Circuit Judges, and EUGENE A. GORDON, Senior United States District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

Constance Fox, Wendy Morris and Lisa Morris (claimants) appeal the district court's dismissal of their several claims against Roy Custis and John Chandler (defendants), employees of Virginia's Department of Corrections, Division of Probation and Parole Services. Claimants charged that the negligent failure of the defendants to reincarcerate Morris Odell Mason, a dangerous parolee under their supervision, renders them responsible...

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