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BARNES v. UNITED STATES

No. 82-5095.

685 F.2d 66 (1982)

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

United States Court of Appeals, Third Circuit.

Decided June 28, 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. Alan Johnson, U. S. Atty., Pittsburgh, Pa., J. Paul McGrath, Asst. Atty. Gen., Jeffrey Axelrad, Sandra L. Jenkins, Laura D. Millman (argued), Attys., Civ. Div., Dept. of Justice, Washington, D. C., for appellant.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The government's appeal from a judgment in a claim under the Swine Flu Act1 tracks a narrow compass. It complains that the district court's award of damages for lost future earnings was excessive and punitive because it did not account for future income taxes and was not reduced to present worth. We conclude that the district court's fact finding was not clearly erroneous and that...

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