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RODRIGUEZ v. HANDY

No. 87-2854.

873 F.2d 814 (1989)

Felipa Monreal RODRIGUEZ, et al., Plaintiffs-Appellees Cross-Appellants, v. Robert HANDY and David Wharton, Individually, and as Officers with the Immigration and Naturalization Service, Defendants-Appellants Cross-Appellees, and The United States of America, Defendant-Cross-Appellee Amicus Curiae.

United States Court of Appeals, Fifth Circuit.

May 26, 1989.

Attorney(s) appearing for the Case

Joe Goldberg, A.F.G.E., AFL-CIO, Charles C. Hobbie, Mark D. Roth, Washington, D.C., for defendants-appellants cross-appellees.

Peter R. Maier, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Barbara L. Herwig, Washington, D.C., for amicus cross-appellee U.S.A.

Roger Reed, David Casso, McAllen, Tex., for plaintiffs-appellees cross-appellants.

Before WISDOM, GEE and RUBIN, Circuit Judges.

GEE, Circuit Judge:

The litigation of which this appeal is a part arose from a high-speed chase in which an agent of the United States Border Patrol shot out the tires of a fleeing pickup truck in far South Texas, causing death or injury to twelve illegal immigrants who were, unknown to him, concealed in it. In a bench trial, judgment was for the injured and the beneficiaries of the dead — against the United States...

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