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HINKIE v. UNITED STATES

No. 82-1554.

715 F.2d 96 (1983)

HINKIE, Howard E., Sr.; Hinkie, Irene; Hinkie, Paul a minor by his parents and natural guardians Howard E. and Irene Hinkie; Hinkie, Howard E., Sr., Administrator of the Estate of Timothy Hinkie, deceased, on behalf of all others similarly situated, v. UNITED STATES of America, U.S. Department of Energy, U.S. Department of Defense, Department of the Army, Veterans Administration, Jimmy Carter, President, James R. Schlesinger, Secretary of Energy, Max Cleland, Administrator of the Veterans Administration, Dr. James Livermore, Deputy Assistant Secretary of Energy, Dr. Clarence Lushbaugh, Administrator, Medical Division, Oak Ridge Associated Universities, Glenn T. Seaborg, former Head, Atomic Energy Commission, Robert A. Lovett, former Secretary of Defense, Brigadier General William C. Bullock, U.S. Army, Commander of Camp Desert Rock, and certain other past and present officers of the U.S. Department of Energy, U.S. Department of Defense, Department of the Army, the former Atomic Energy Commission, and the Veterans Administration who will be named as defendants when ascertained, individually and in their official capacities. Reynolds Electrical and Engineering Co., Inc.; EG & G Inc.; Holmes & Narver Inc.; United States Filter Corp.; Rockwell International Corp.; Victoreen Instrument Co., Inc.; Sheller-Globe Corp.; Beckman Instruments Inc. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided August 18, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Peter F. Vaira, Jr., U.S. Atty., Philadelphia, Pa., Susan P. Engelman (argued), Jeffrey Axelrad, Civ. Div., Dept. of Justice, Washington, D.C., for appellant.

Paul N. Minkoff (argued), Klovsky, Kuby & Harris, Philadelphia, Pa., for appellees.

Before HUNTER and HIGGINBOTHAM, Circuit Judges and ZEIGLER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

We are forced once again to decide a case where "we sense the injustice ... of [the] result"1 but where nevertheless we have no legal authority, as an intermediate appellate court, to decide the case differently.

Plaintiffs-appellees, Irene Hinkie, wife of Howard Hinkie, her son Paul, and the estate of her deceased son Timothy, brought this action against...

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