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SAXTON v. SECRETARY OF DEPT. OF HEALTH

No. 93-5007.

3 F.3d 1517 (1993)

Nathaniel SAXTON, by and through his Legal Representatives, Steven and Candace SAXTON, Petitioners-Appellees, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

August 31, 1993.

Attorney(s) appearing for the Case

Michael R. Skow, Law Offices of Rodney A. Klein, of Sacramento, CA, argued for petitioners-appellees. With him on the brief was Rodney A. Klein.

Patricia A. Millett, Atty., 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, Atty.

Before NIES, Chief Judge, and ARCHER, and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

Appellant Secretary of the Department of Health and Human Services (HHS or government) appeals the Court of Federal Claims'1 award of attorneys' fees in a vaccine case. Saxton v. Secretary of Dep't Health & Human Servs., No. 90-2249V (Cl.Ct. Aug. 7, 1992) (Saxton/CFC). The Saxtons, petitioners-appellees, filed a petition for compensation that was later voluntarily withdrawn. The special master granted...

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