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BARRETT v. UNITED STATES

Nos. 748, 863 and 864, Dockets 81-6192, 81-7690 and 81-7700.

689 F.2d 324 (1982)

Elizabeth BARRETT, as Administratrix of the Estate of Harold Blauer, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Elizabeth BARRETT, Plaintiff-Appellant, v. David MARCUS, Newton Bigelow, James Cattell, George Leonard, Van Sim, William Creasey, John Derrick, Harris North, Herbert Greer and the Estate of Amedeo Marazzi, Defendants-Appellees. Elizabeth BARRETT, as an individual and as Administratrix DBN of the Estate of Harold Blauer, Deceased, Plaintiff-Appellant, v. Frederick LOUGH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 13, 1982.

Attorney(s) appearing for the Case

Stuart L. Land, Washington, D.C. (Stephen M. Sacks, Richard P. Schifter, Arnold & Porter, Washington, D.C., Herbert K. Lippman, New York City, Richard A. Matasar, Ames, Iowa, of counsel), for plaintiffs-appellants.

Susan Millington Campbell, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty. for the Southern District of New York, Richard N. Papper, Asst. U.S. Atty., New York City, of counsel), for defendant-appellee United States of America.

Frederick H. Block, New York City, for defendant-appellee David Marcus.

Paul L. Pileckas, Rome, N.Y. (Pileckas & Pileckas, Rome, N.Y., of counsel), for defendant-appellee Newton Bigelow.

Steven J. Ahmuty, Jr., New York City (Bower & Gardner, New York City, of counsel), for defendant-appellee James Cattell.

Before NEWMAN and CARDAMONE, Circuit Judges, and BURNS, District Judge.

CARDAMONE, Circuit Judge:

Today's average citizen would doubtless be appalled, but probably not surprised, to learn that in the early 1950s, while conducting a chemical warfare experiment, the United States Army used certain individuals as test subjects. The experiment is shocking not because of its existence, but because the chemical tests were performed on these human guinea pigs without their consent. The individuals involved were not told that they were the subjects...

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