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OVERTON v. UNITED STATES

No. 79-1847.

619 F.2d 1299 (1980)

Ina M. OVERTON, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Jeffrey Axelrad, Civ. Div., Torts Branch, Dept. of Justice, Washington, D. C., for appellant; Alice Daniel, Acting Asst. Atty. Gen., Eloise E. Davies, Marleigh Dover Lang, Mary L. McElroy, W. Russell Welsh, Washington, D. C., and Ronald S. Reed, U. S. Atty., Kansas City, Mo., on brief.

Lyman Field, Field, Gentry, Benjamin & Robertson, Kansas City, Mo., for appellee.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and THOMAS, Senior District Judge.

STEPHENSON, Circuit Judge.

The appellee, Ina M. Overton, sued the United States for injuries resulting from a swine flu vaccination.1 The government conceded liability but disputed the amount of damages. After a non-jury trial, the district court2 awarded plaintiff $106,500 in general damages and $7,139.23 in special damages. The government appeals on two grounds: (1) the court clearly erred in setting the...

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