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SCHUMACHER v. SECRETARY OF DHHS

No. 93-5006.

2 F.3d 1128 (1993)

Donald SCHUMACHER, Sr., Individually and as Personal Representative of the Estate of Donald Schumacher, Jr., and Sharon Schumacher, Petitioners-Appellees, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

July 28, 1993.

Attorney(s) appearing for the Case

William Dobreff, Dobreff & Dobreff, of Warren, MI, argued for petitioners-appellees.

Margaret S. Hewing, Attorney, Dept. of Justice, of Washington, DC, argued for respondent-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and Barbara C. Biddle, Attorney.

Before RICH, MICHEL, and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

The Secretary of the Department of Health and Human Services (the Secretary) appeals the threshold decision underlying the judgment of the United States Claims Court1 that sustained the special master's decision denying the Secretary's motion to dismiss for lack of subject matter jurisdiction Donald Schumacher, Sr.'s and Sharon Schumacher's (the Schumachers') petition for...

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