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DiPIPPA v. UNITED STATES

No. 82-3000.

687 F.2d 14 (1982)

Jacqueline and Salvadore A. DiPIPPA, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 24, 1982.

Attorney(s) appearing for the Case

Anthony J. Ciotola, Hazleton, Pa., Clifford J. Shoemaker, (argued), Washington, D. C., for appellants.

David C. Shipman, Asst. U. S. Atty., Harrisburg, Pa., Leonard Schaitman, John F. Cordes (argued), U. S. Dept. of Justice, Civ. Div., Washington, D. C., for appellee.

Before SEITZ, Chief Judge, SLOVITER, Circuit Judge, and McCUNE, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

The DiPippas appeal from the district court's order dismissing their action against the United States for injuries Jacqueline DiPippa sustained from a swine flu vaccination. This court has jurisdiction under 28 U.S.C. § 1291 (1976).

I.

In November 1976, a federal employee, Jacqueline DiPippa voluntarily received a swine flu vaccination. The shot was given on federal premises during normal working...

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