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DANIELS v. UNITED STATES

No. 81-7982.

704 F.2d 587 (1983)

Bettie Keown DANIELS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 2, 1983.

Attorney(s) appearing for the Case

R. Ben Hogan, III, Hogan, Smith & Alspaugh, Birmingham, Ala., for plaintiff-appellant.

Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., Jeffrey Axelrad, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before TJOFLAT, HILL and JOHNSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Bettie Keown Daniels, appellant in this proceeding, filed suit in the district court seeking to recover compensatory damages from the United States Government under the Swine Flu Act [hereinafter Act], 42 U.S.C. § 247b(j) et seq., pursuant to the Federal Tort Claims Act [hereinafter FTCA], 28 U.S.C. §§ 1346(b) and 2671 et seq. Appellant asserted that the Government was either negligently or strictly liable...

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