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UNITED STATES v. STATE OF N.Y.

No. CIV-83-514C.

595 F.Supp. 980 (1984)

UNITED STATES of America, Plaintiff, v. STATE OF NEW YORK, New York State Department of Health and Niagara County Health Department, Defendants.

United States District Court, W.D. New York.

September 7, 1984.

Attorney(s) appearing for the Case

Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y. (Sonia C. Jaipaul, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of N.Y., Buffalo, N.Y. (Douglas S. Cream, Asst. N.Y. State Atty. Gen., Buffalo, N.Y., of counsel), for defendants State of New York and New York State Department of Health.

Glenn S. Hackett, Niagara County Atty., Lockport, N.Y. (J. Michael Fitzgerald, Asst. Niagara County Atty., Lockport, N.Y., of counsel), for Defendant Niagara County Health Department.

CURTIN, Chief Judge.

The United States [the government] has filed this claim for indemnification under the Swine Flu Act, 42 U.S.C. § 247b(k)(7). The government has named both New York State and Niagara County as defendants for their responsibility as participants in the Swine Flu innoculation program. Defendants have moved to dismiss the action.

The facts are as follows. On November 19, 1976, Janet Vincek was innoculated under the national Swine Flu...

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