MILLS v. UNITED STATES

No. 84-4375.

764 F.2d 373 (1985)

Mrs. Kathleen N. MILLS, Individually, Michael Wayne Mills, Individually, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1985.


Attorney(s) appearing for the Case

Joseph S. Cage, Jr., U.S. Atty., John R. Halliburton, Asst. U.S. Atty., D.H. Perkins, Shreveport, La., Laura D. Millman, Jeffrey Axelrad, Washington, D.C., for defendant-appellant.

Lancaster, Baxter & Seals, Edgar H. Lancaster, Jr., Tallulah, La., Hayes, Harkey, Smith & Cascio, Thomas M. Hayes, Jr., Monroe, La., for plaintiffs-appellees.

Before WISDOM, WILLIAMS and HILL, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

I.

In August 1976, Congress enacted the National Swine Flu Act, 42 U.S.C. § 247b(j-l) (1976), in response to a perceived threat of a new strain of influenza virus. Initiation of an immunization program was in part prompted by the medical discovery in February 1977 of the swine flu virus in military servicemen at Fort Dix, New Jersey. The strain was related to the one that was prevalent during the 1918-19 swine...

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