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MANKO v. U.S.

Nos. 86-1933, 86-2114.

830 F.2d 831 (1987)

Louis H. MANKO, Appellee/Cross-Appellant, v. UNITED STATES of America, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1987.

Rehearing and Rehearing Denied December 10, 1987.

Attorney(s) appearing for the Case

Jeffrey Axelrad, U.S. Dept. of Justice, Washington, D.C., for appellant/cross-appellee.

Charles M. Thomas, Kansas City, Mo., for appellee/cross-appellant.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 10, 1987.

ARNOLD, Circuit Judge.

This is an action brought by Louis H. Manko against the United States under the Swine Flu Act of 1976, Pub.L. 94-380, 90 Stat. 1113, originally codified as 42 U.S.C. § 247b(j) et seq.1 The Swine Flu Act established a national program of immunization for a disease popularly known as swine flu. In order to induce private companies to manufacture...

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