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HEILMAN v. UNITED STATES

No. 83-1400.

731 F.2d 1104 (1984)

Sandra C. HEILMAN and Dr. Andrew M. Linz, Executors of the Estate of F. William Heilman Jr., aka Bill Heilman, aka F. Wm. Heilman, aka Frank W. Heilman Jr., aka F. William Heilman, Deceased, and Sandra C. Heilman, in her own right, Appellants, v. UNITED STATES of America and United States Department of the Navy, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 10, 1984.

Attorney(s) appearing for the Case

Goncer M. Krestal, Norman Perlberger (argued), James R. Kahn, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellants.

J. Paul McGrath, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Dawn MacPhee, Ass't U.S. Atty., Philadelphia, Pa., Robert S. Greenspan, John C. Hoyle, Appellate Staff, Civil Div., Dept. of Justice, Joan M. Bernott (argued), Special Litigation Counsel, Torts Branch, Civil Div., Dept. of Justice, Washington, D.C., for appellees.

Before ADAMS, and GARTH, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

Sandra Heilman and Andrew Lind, as Executors ("the Executors"), and Sandra Heilman in her own right,1 brought this action against the United States and the Department of the Navy for the wrongful death of F. William Heilman (Heilman). The complaint alleges that Heilman was exposed to radiation resulting from atomic tests in which he participated (1) while he was enlisted in the Navy...

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