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WITHERSPOON v. U.S.

No. 87-4104.

838 F.2d 803 (1988)

Jerry WITHERSPOON, Individually, and as the mother and next friend on behalf of Eric Gerald Gaines, Irish Yvette Gaines, Corey Ann Gaines, Michael George Gaines, Nanyamka Akwete Kambui, Mawusi Akwokwo Kambui, and Kamu Sababu Kambui, Minors, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 4, 1988.

Attorney(s) appearing for the Case

Carroll Rhodes, Hazlehurst, Miss., for plaintiffs-appellants.

R. Joseph Sher, Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., George Phillips, U.S. Atty., Daniel E. Lynn, Asst. U.S. Atty., Jackson, Miss., for defendant-appellee.

Before THORNBERRY, GEE and POLITZ, Circuit Judges.

GEE, Circuit Judge:

In the fall of 1981, the Federal Bureau of Investigation had been seeking the perpetrators of the infamous Brinks robbery and murders. Seven days after it took place, two of the suspected terrorists had been sighted at appellant Witherspoon's rural residence in Copiah County, Mississippi; and the authorities made preparations to apprehend them. As Judge Davis noted, in an unpublished opinion disposing of the earlier appeal in this case:

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