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HARRIES v. UNITED STATES

No. 19345.

350 F.2d 231 (1965)

F. H. HARRIES and Aileen Harries, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 20, 1965.

Attorney(s) appearing for the Case

Stephen S. Gorey, Herbert L. Ely, Gorey & Ely, Phoenix, Ariz., for appellants.

John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Robt. C. McDiarmid, Attys., Dept. of Justice, Washington, D. C., Jo Ann D. Diamos, Acting U. S. Atty., Tucson, Ariz., for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

In this action against the United States, F. H. Harries and his wife seek damages for loss sustained when Harries contracted encephalitis following a border smallpox vaccination administered by employees of the United States.1 Plaintiffs predicated liability on the asserted failure of border officials to advise Harries that the vaccination might cause him to contract encephalitis and that, instead of submitting to...

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