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MONDELLI v. UNITED STATES

No. 82-5545.

711 F.2d 567 (1983)

Rosemarie MONDELLI v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 15, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., W. Hunt Dumont, U.S. Atty., Newark, N.J., Susan P. Engelman (argued), Jeffrey Axelrad, Dept. of Justice, Washington, D.C., for appellant.

Kreindler & Kreindler, New York City, for appellee; Steven J. Phillips (argued), Donald I. Marlin, Michael D. Young, Diane M. Paolicelli, New York City, of counsel.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Rosemarie Mondelli brought this action for damages under both the Federal Tort Claims Act1 and the Constitution for genetic injuries caused by her father's exposure to radiation while he was on active duty in the United States Army. The district court denied the motion of the United States to dismiss the statutory claim for lack of subject-matter jurisdiction, holding that the statute...

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