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BROWN v. SECRETARY, DHHS

No. 90-5046.

920 F.2d 918 (1990)

Conway Beverley Carter BROWN, Petitioner-Appellee, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

November 30, 1990.

Attorney(s) appearing for the Case

James L. Sanderlin, McGuire, Woods, Battle & Boothe, Richmond, Va., argued, for petitioner-appellee. With him on the brief were Rosewell Page, III and Edward M. Macon, Richmond, Va.

Lorie M. Beranek, Dept. of Justice, Washington, D.C., argued, for respondent-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle, Washington, D.C. Also on the brief was Barbara J. Hudson, Atty., Office of the Gen. Counsel, Dept. of Health and Human Services, Rockville, Md., of counsel.

Before MARKEY, MAYER and LOURIE, Circuit Judges.

OPINION

MAYER, Circuit Judge.

The Secretary of Health and Human Services appeals the judgment of the Claims Court, 18 Cl.Ct. 834 (1989), compensating Conway Beverley Carter Brown under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (1988) (current version at 42 U.S.C.A. §§ 300aa-10 to -34 (West Supp.1990)). We reverse in part and remand.

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