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PERRY v. UNITED STATES

No. 84-8138.

755 F.2d 888 (1985)

Talmadge Henderson PERRY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 20, 1985.

Attorney(s) appearing for the Case

John E. Stell, Jr., Winder, Ga., Clifford J. Shoemaker, Vienna, Va., for plaintiff-appellant.

Nina L. Hunt, Asst. U.S. Atty., Atlanta, Ga., for defendant-appellee.

Before JOHNSON and CLARK, Circuit Judges, and LYNNE, District Judge.

JOHNSON, Circuit Judge:

Appellant Talmadge H. Perry brought this action pursuant to the Swine Flu Act, 42 U.S.C.A. § 247b et seq., and the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), seeking damages for injuries allegedly sustained in connection with a swine flu inoculation. Trial was held in the United States District Court for the Northern District of Georgia, on the issues of diagnosis and causation. The district court found that appellant had failed...

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