MILBERT v. KOOP

No. 86-5600.

830 F.2d 354 (1987)

Dr. Alfred MILBERT, Appellant, v. Dr. C. Everett KOOP, U.S. Surgeon General, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 6, 1987.


Attorney(s) appearing for the Case

Mark A. Packman, with whom Judith E. Schaeffer was on the brief, for appellant. Amy G. Applegate also entered an appearance, for appellant.

Jeffrey Hunter Moon, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., were on the brief, for appellees.

Before EDWARDS and SILBERMAN, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland.


Opinion for the Court filed by Senior District Judge FRANK A. KAUFMAN.

FRANK A. KAUFMAN, Senior District Judge:

Appellant, Dr. Alfred N. Milbert, has been a member of the Commissioned Corps of the United States Public Health Service (PHS) since 1976. In 1981 the PHS assigned Milbert to the Food and Drug Administration (FDA) to work as a toxicologist. In 1982 Milbert began suffering from a variety of physical ailments allegedly caused by his exposure to airborne...

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