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EDGAR v. SECRETARY OF DHHS

No. 92-5130.

989 F.2d 473 (1993)

James K. EDGAR and Mary K. Edgar, on behalf of Jamie K. Edgar, their daughter, Petitioners-Appellants, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 25, 1993.

Attorney(s) appearing for the Case

Patrick J. Gilmartin, Gilmartin, Poster & Shafto, New York City, argued, for petitioners-appellants.

Caroline G. Elmendorf, Torts Branch, Dept. of Justice, Washington, DC, argued, for respondent-appellee. Stuart M. Gerson, Asst. Atty. Gen., Helen M. Goldberg and David L. Terzian, Dept. of Justice, Washington, DC, were on the brief, for respondent-appellee.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

James K. Edgar and Mary K. Edgar (Edgar), on behalf of their daughter Jamie K. Edgar (Jamie), appeal from the judgment in the United States Claims Court1 (No. 90-711 V, filed April 28, 1992) affirming the special master's decision (No. 90-711 V, filed October 24, 1991) in favor of the Secretary of the Department of Health and Human Services (Secretary) under the National...

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