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JAFFEE v. UNITED STATES

No. 79-1543.

663 F.2d 1226 (1981)

Stanley JAFFEE and Sharon Blynn Jaffee, Individually, Appellants, and Stanley Jaffee, on behalf of all others similarly situated, v. UNITED STATES of America, Robert T. Stevens, J. Lawton Collins, Joseph M. Swing, William C. Bullock, Robert A. Lovett, Henry D. Smyth, T. Keith Glennan, Eugene M. Zuckert, Marion W. Boyer, Kenneth D. Nichols, Kenneth E. Fields, and Certain Additional 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, Appellees.

United States Court of Appeals, Third Circuit.

Reargued November 17, 1980.

Decided November 2, 1981.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, Lanigan, O'Connell, Hirsh & Jacobs, Basking Ridge, N. J., for appellants; Stanley J. Levy, Steven J. Phillips (argued), Andrew R. Jacobs, Basking Ridge, N. J., of counsel.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., Robert J. Del Tufo, U. S. Atty., Newark, N. J., Robert E. Kopp, John F. Cordes (argued), Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D. C., for appellees.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued En Banc November 17, 1980.

Argued Nov. 15, 1979.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued Nov. 17, 1980.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

When a soldier is injured as a result of his military service, the Veterans' Benefits...

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