James F. HUNT and Carol Hunt, Appellants,
v.
UNITED STATES of America.
Catherine Strinni HOLLAR, Appellant,
v.
UNITED STATES of America.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 31, 1980.
Decided August 26, 1980.
Rehearing Denied October 29, 1980.
Attorney(s) appearing for the Case
Lawrence E. Stewart, Cleveland, Ohio, for appellants in No. 79-2049.
Clifford J. Shoemaker, St. Louis, Mo., for appellant in No. 79-1282. Stephen H. Gilmore, St. Louis, Mo., was on brief for appellant in No. 79-1282.
Thaddeus B. Hodgdon, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., and Jeffrey Axelrad, Atty., U. S. Dept. of Justice, Washington, D. C., were on brief, for appellee in No. 79-2049.
W. Russell Welsh, Atty., U. S. Dept. of Justice, of the bar of the Supreme Court of Missouri, Washington, D. C., pro hac vice, by special leave of court, with whom Barbara Allen Babcock, Asst. Atty. Gen., and Jeffrey Axelrad, Atty., U. S. Dept. of Justice, Washington, D. C., were on brief for appellee in No. 79-1282.
Mark P. Friedlander, Jr., Washington, D. C., for Swine Flu Steering Committee, amicus curiae, urging reversal, in No. 79-1282.
John D. Heffner, Washington, D. C., was on brief for Obermayer, Rebmann, Maxwell & Hippel, amicus curiae, urging reversal, in No. 79-1282.
Before TAMM and WALD, Circuit Judges, and JOYCE HENS GREEN, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
These cases raise a difficult issue of statutory interpretation: whether members of the military may recover from the United States under the National Swine Flu Immunization Program of 1976 (Swine Flu Act), Pub.L.No.94-380, 90 Stat. 1113 (codified at 42 U.S.C. § 247b(j)-(l) (1976)),1 for injuries resulting from swine flu inoculations with a vaccine...
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