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BROWN v. UNITED STATES

Nos. 82-3314, 82-4314.

715 F.2d 463 (1983)

Suzanne BROWN, Personal Representative of the Estate of Kevin Lee Brown, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Jose CRUZ and Ann Cruz, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1983.

Attorney(s) appearing for the Case

Allen T. Murphy, Jr., Portland, Or., John Cordes, Washington, D.C., for plaintiff-appellant.

John Cordes, Washington, D.C., Harold Seldon, San Francisco, Cal., for defendant-appellee.

Before KILKENNY, CHOY and CANBY, Circuit Judges.

CHOY, Circuit Judge:

The issue on this consolidated appeal is whether, under the National Flu Immunization Program of 1976 ("Swine Flu Act"), Pub.L. No. 94-380, 90 Stat. 1113 (codified at 42 U.S.C. §§ 247b(j)-(l) (1976)),1 and the Federal Tort Claims Act ("Tort Claims Act"), Pub.L. No. 79-601, §§ 401-424, 60 Stat. 812, 842-47 (1946) (codified in scattered sections of 28 U.S.C.), a serviceman is precluded from...

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