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DePASS v. UNITED STATES

No. 82-3077.

721 F.2d 203 (1983)

James DePASS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 16, 1983.

As Amended December 5, 1983.

Rehearing and Rehearing Denied January 13, 1984.

Attorney(s) appearing for the Case

Francis D. Conner, Belleville, Ill., for plaintiff-appellant.

Robert L. Simpkins, Asst. U.S. Atty., Federick J. Hess, U.S. Atty., East St. Louis, Ill., for defendant-appellee.

Before POSNER and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 13, 1984.

FLAUM, Circuit Judge.

This appeal arises out of the denial of damages to plaintiff James DePass for alleged increased risk of cardiovascular disease and loss of life expectancy. The district court, in a bench trial, found that DePass had not proved the injury by a preponderance of the evidence. This appeal requires us to determine whether the district court was "clearly erroneous" in its finding. Fed...

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