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LOMBARD v. UNITED STATES

No. 81-2261.

690 F.2d 215 (1982)

Theodore L. LOMBARD, et al., Appellants, v. UNITED STATES of America, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 14, 1982.

Attorney(s) appearing for the Case

Herbert B. Newberg, Philadelphia, Pa., with whom Peter R. Kolker, Washington, D. C., and John S. Anderson, Georgetown, Mass., were on the brief for appellants, Judith K. Munger, Washington, D. C., entered an appearance for appellants.

Deborah Ratner, Dept. of Justice, Washington, D. C., of the bar of the Supreme Court of California, pro hac vice by special leave of Court, with whom Jeffrey Axelrad and J. Paul McGrath, Dept. of Justice, Washington, D. C., were on the brief for appellees.

Before MacKINNON, GINSBURG and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge MacKINNON.

Opinion concurring in part and dissenting in part filed by Circuit Judge GINSBURG.

MacKINNON, Circuit Judge.

Theodore Lombard, his wife Ruth and their four children appeal from a District Court decision dismissing for lack of subject matter jurisdiction a claim for damages to themselves and to their children which allegedly resulted from Lombard's exposure to radiation during military service...

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