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HOLBROOK v. ANDERSEN CORP.

No. 92-1902.

996 F.2d 1339 (1993)

Mary A. HOLBROOK, Mary E. Holbrook, individually and as Mother and Next Friend of Daniel M. Holbrook, Plaintiffs, Appellants, v. ANDERSEN CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 30, 1993.

Attorney(s) appearing for the Case

James M. Campbell with whom Michelle I. Schaffer, Ronald M. Davids and Campbell & Associates were on brief, for plaintiffs, appellants.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Paula D. Silsby, Sr. Litigation Counsel, were on brief, for defendants, appellees.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.

BOUDIN, Circuit Judge.

The Holbrooks' two-and-a-half-year-old son, Daniel Holbrook, sustained severe and permanent injuries after falling through a second-floor window of the Holbrooks' apartment. Because plaintiff Mark Holbrook was employed by the United States Navy at the time of the accident, the United States paid 80 percent of the costs of Daniel's medical treatment under the Dependent's Medical Care Act, 10 U.S.C. § 1071 (the "Dependent's Act"). The Holbrooks...

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