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MINNS v. U.S.

No. 97-2234.

155 F.3d 445 (1998)

Marilyn MINNS, individually and as parent and guardian of Casey R. Minns (infant); Casey R. Minns; Kimberly Walsh, individually and as parent and guardian of Jena Walsh (infant); Jena Walsh; Denise Blake, individually and as parent and guardian of Katelyn Blake (infant); Katelyn Blake, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1998.

Attorney(s) appearing for the Case

ARGUED: Kenneth David Pack, Law Offices of Peter G. Angelos, P.C., Baltimore, Maryland, for Appellants. Henry Thomas Byron, III, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: H. Russell Smouse, Law Offices of Peter G. Angelos, P.C., Baltimore, Maryland, for Appellants. Frank W. Hunger, Assistant Attorney General, Lynne A. Battaglia, United States Attorney, Robert S. Greenspan, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge HOWARD joined.

OPINION

NIEMEYER, Circuit Judge:

In preparation for Operation Desert Storm and the Persian Gulf War, the United States military inoculated its servicemen and exposed them to toxins and pesticides in anticipation of possible biological and chemical attacks by Iraq. The wives and children of three servicemen claim in this case that the...

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