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BARNES v. UNITED STATES

No. 82-5095.

678 F.2d 10 (1982)

Sandra K. BARNES and Robert E. Barnes v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 10, 1982.

Attorney(s) appearing for the Case

Brendan V. Sullivan, Jr., F. Whitten Peters (argued), Williams & Connolly, Washington, D. C., James L. Weisman, Weisman, Pass & Swartz, Pittsburgh, Pa., for appellees.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., J. Alan Johnson, U. S. Atty., Pittsburgh, Pa., Sandra L. Jenkins (argued), Jeffrey Axelrad, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellant.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This case is before the court on an appeal by the United States from a final judgment in favor of the plaintiff Sandra Barnes for $1,577,112.67 in her suit under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and § 2671 et seq. (1976). The suit is for injuries sustained as a result of a swine flu inoculation administered under the National Influenza Immunization Program. The United States admitted...

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