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JAFFEE v. UNITED STATES

No. 78-2041.

592 F.2d 712 (1979)

Stanley JAFFEE and Sharon Blinn Jaffee, Individually and Stanley Jaffee, on behalf of all others similarly situated, Appellants, v. UNITED STATES of America, and Certain Past and Present Officers and Officials of the United States Department of Defense, the Department of the Army and the Atomic Energy Commission and the United States Army whose names will be inserted when ascertained, each individually and in his official capacity.

United States Court of Appeals, Third Circuit.

Decided February 9, 1979.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, Lanigan, O'Connell & Hirsh, Basking Ridge, N. J., for appellants; Stanley J. Levy, Melvin I. Friedman, Steven J. Phillips, New York City, of counsel.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert L. Del Tufo, U. S. Atty., Newark, N. J., David J. Anderson, Rebecca L. Ross, Elizabeth Gere Whitaker, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellee.

Before ROSENN, GARTH, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal presents a perplexing problem spawned by modern nuclear warfare which requires us to examine again the doctrine of sovereign immunity of the United States. The genesis of the litigation is the serious injury allegedly incurred by the male plaintiff from atomic radiation while on active duty in the military service.

In 1953, when Stanley Jaffee ("Jaffee...

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