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MASSING v. SECRETARY OF DHHS

No. 90-5078.

926 F.2d 1133 (1991)

Jeffrey MASSING, Administrator of the estate of Christopher Massing, deceased; Sandra Massing and Jeffrey Massing, heirs at law of Christopher Massing, deceased, Petitioner, v. The SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

William P. Ronan, Cloon & Bennett, Overland Park, Kan., submitted for petitioner.

Steve Frank, Dept. of Justice, Washington, D.C., submitted for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle, Washington, D.C.

Before RICH, NEWMAN, and MICHEL, Circuit Judges.

PER CURIAM.

Petitioners appeal from the February 22, 1990 judgment of the United States Claims Court (Merow, J.), case no. 89-51 V, dismissing petitioners' claim for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 through 300aa-34 (1988) (hereinafter §§ 10 through 34 of the Act). 19 Cl.Ct. 511. We affirm.

BACKGROUND

This case arises from the death of ten-week old Christopher Massing...

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