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BRAZZELL v. UNITED STATES

No. 85-1698.

788 F.2d 1352 (1986)

Darlene BRAZZELL, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1986.

Order on Rehearing July 31, 1986.

Attorney(s) appearing for the Case

Robert L. Teig, Asst. U.S. Atty., Cedar Rapids, Iowa, for appellant.

Wilford M. Forker, Sioux City, Iowa, for appellee.

Before HEANEY, BOWMAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

The United States ("government") appeals from a judgment entered April 4, 1985 in the Northern District of Iowa, Donald E. O'Brien, Chief Judge, after a bench trial holding the government liable in amount of $33,482.95 for injuries sustained by Darlene A. Brazzell ("appellee") as a result of receiving a swine flu vaccination in November 1976. The district court held that under Iowa law, the National Swine Flu Immunization Program Act...

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