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JAY v. SECRETARY OF DHHS

No. 92-5098.

998 F.2d 979 (1993)

Mary Ann JAY and Michael H. Jay, as legal representatives of Matthew Michael Jay, deceased, Petitioners-Appellants, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 14, 1993.

Attorney(s) appearing for the Case

Andrew W. Dodd, of Andrew W. Dodd, P.C., Torrance, CA, argued, for petitioners-appellants.

Alfonso J. Montano, Atty., Dept. of Justice, of Washington, DC, argued, for respondent-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., Helene M. Goldberg and John Lodge Euler, Attys.

Before RICH, ARCHER, and LOURIE, Circuit Judges.

ARCHER, Circuit Judge.

Mary Ann Jay and Michael H. Jay (the Jays), on behalf of Matthew Michael Jay, deceased, appeal from the judgment of the United States Claims Court,1 No. 90-534V (filed Feb. 21, 1992), sustaining the decision of the special master denying compensation under the National Childhood Vaccine Injury Act (Vaccine Act), 42 U.S.C. §§ 300aa-10 to 300aa-34 (1988 & Supp. III 1991), for the death of Matthew allegedly...

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