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GASSMAN v. UNITED STATES

No. 84-3606.

768 F.2d 1263 (1985)

Emma K. GASSMAN and Julius Gassman, her husband, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 1985.

Attorney(s) appearing for the Case

Mary McElroy Leach, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Christopher W. Wickersham, Daytona Beach, Fla., for plaintiffs-appellees.

Before GODBOLD, Chief Judge, TJOFLAT, Circuit Judge, and SIMPSON, Senior Circuit Judge.

GODBOLD, Chief Judge:

This is an appeal by the United States from a judgment in a bench trial finding it liable to Emma Gassman for damages caused when she contracted encephalitis after being vaccinated against swine flu in 1976. 589 F.Supp. 1534 (M.D.Fla.1984). Gassman had sought compensatory damages against the government under the Swine Flu Act, 42 U.S.C. § 247b(j) (1982), pursuant to the Federal Tort Claims Act, 28 U...

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