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BERKOVITZ BY BERKOVITZ v. U.S.

No. 86-3444.

858 F.2d 122 (1987)

Kevan BERKOVITZ, a minor, by his parents and natural guardians, Arthur BERKOVITZ, his wife, Donna Berkovitz, and Arthur Berkovitz and Donna Berkovitz, in their own right v. UNITED STATES of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 30, 1988.

Certiorari Granted January 11, 1988.

On Remand July 29, 1988.

Opinion Filed September 30, 1988.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., J. Alan Johnson, U.S. Atty., Nanette R. Everson, Sp. Counsel; John F. Cordes, Atty., Civil Div., U.S. Dept. of Justice, of counsel; Ann H. Wion, Associate Chief Counsel for Enforcement Food and Drug Admin., Rockville, Md., for appellant.

Daniel M. Berger, Ellen M. Viakley, Berger Kapetan Malakoff & Meyers, P.C., Pittsburgh, Pa., Stanley P. Kops, Walter Kyle, Adler and Kops, Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM and SLOVITER, Circuit Judges, and ROTH, District Judge.

Certiorari Granted January 11, 1988. See 108 S.Ct. 692.

On Remand from the Supreme Court of the U.S. July 29, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case is before us on remand from the United States Supreme Court. This suit was brought by and on behalf of Kevan Berkovitz against the United States under the Federal Tort Claims Act (FTCA) alleging that the Division of Biologic Standards of the National Institute of Health...

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