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NOVAK v. U.S.

Nos. 87-3404, 87-3445.

865 F.2d 718 (1989)

Barbara NOVAK, Plaintiff-Appellee, Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1989.

Rehearing and Rehearing Denied February 28, 1989.

Attorney(s) appearing for the Case

Verne K. Armstrong, Asst. U.S. Atty., Toledo, Ohio, Patrick M. McLaughlin (argued), U.S. Atty., Cleveland, Ohio, for defendant-appellant, cross-appellee.

Marcus L. Friedman, Friedman, Adler & Goldberg, Toledo, Ohio, Steven A. Fabbro (argued), Law Offices of Melvin M. Belli San Francisco, Cal., for plaintiff-appellee, cross-appellant.

Before MARTIN and WELLFORD, Circuit Judges; and GIBBONS, District Judge.

Rehearing and Rehearing En Banc Denied February 28, 1989.

WELLFORD, Circuit Judge.

There is no dispute that Joseph Novak, a young man of 37 who had previously been in good health, died of a rare disorder known as dermatomyositis on April 11, 1977. The plaintiff, his widow, sued the United States under the Federal Tort Claims Act (FTCA) and the Swine Flu Act claiming that her husband's untimely death was the result of his vaccination for swine flu on November...

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