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LOGE v. UNITED STATES

Civ. No. 79-5088.

494 F.Supp. 883 (1980)

Lora E. LOGE and Roger S. Loge, her husband, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Arkansas, Fayetteville Division.

July 28, 1980.

Attorney(s) appearing for the Case

Walter S. Kyle, Fort Lauderdale, Fla., for plaintiffs.

Steven N. Snyder, Asst. U. S. Atty., W. D. Arkansas, Fort Smith, Ark., for defendant.

MEMORANDUM OPINION

PAUL X WILLIAMS, Chief Judge.

In this case, plaintiffs, Mr. and Mrs. Roger Loge, seek damages under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The case is before the Court on defendant's motion to dismiss.

The plaintiffs contend that all live virus poliomyelitis vaccines reproduce within the inoculated person and can spread to others who are in close contact with the one inoculated; that Mr. and Mrs. Loge...

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