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GOULD v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 88-3091.

893 F.2d 57 (1989)

Regis Ann GOULD, as Parent Guardian and next of friend of Aaron Russell Gould and Adrienne Marie Gould; Regis Ann Gould, as Special Administrator of the Estate of Gary Francis Gould; Regis Ann Gould, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES; Public Health Service, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

December 26, 1989.

Attorney(s) appearing for the Case

Joseph Cornelius Ruddy, Jr. (Law Offices, Joseph C. Ruddy, Jr., Hyattsville, Md., on brief), for plaintiffs-appellants.

Sally Kraft Trebbe (Litigation Branch, Business and Administrative Law Div., Dept. of Health and Human Services, Breckinridge L. Willcox, U.S. Atty., Washington, D.C., Juliet Ann Eurich, Asst. U.S. Atty., Baltimore, Md., on brief), for defendants-appellees.

Prior report: 885 F.2d 785.

ON PETITION FOR REHEARING WITH SUGGESTION FOR REHEARING IN BANC

The appellees' petition for rehearing and suggestion for rehearing in banc were submitted to the Court. A majority of judges having voted in a requested poll of the Court to grant rehearing in banc,

IT IS ORDERED that the rehearing in banc is granted.

IT IS FURTHER ORDERED that this case shall be calendared for argument at the February 1990 session...

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