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SCHAFER v. AMERICAN CYANAMID CO.

No. 93-1422.

20 F.3d 1 (1994)

Mark SCHAFER and Melissa Schafer, a Minor By and Through Mark Schafer, Natural Parent and Guardian of Melissa Schafer, Plaintiffs, Appellees, v. AMERICAN CYANAMID CO., Parent of Lederle Laboratories, a Division of American Cyanamid Co., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 24, 1994.

Attorney(s) appearing for the Case

J. Peter Coll, Jr. with whom Charles W. Gerdts, III, Nicole M. van Ackere, Lawrence H. Cooke, II, Donovan Leisure Newton & Irvine, New York City, Thomas A. Mullen, and Fordham & Starrett, Boston, MA, were on brief, for appellant.

Walter S. Kyle, Boston, MA, for appellees.

Before BREYER, Chief Judge, SELYA and STAHL, Circuit Judges.

BREYER, Chief Judge.

The National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to 300aa-34, provides a special procedure to compensate those who are injured by certain vaccines. The Act bars those who accept an award under that procedure from later bringing a tort suit to obtain additional compensation. Id. § 300aa-21(a). The question before us in this appeal (under 28 U.S.C. § 1292(b)) is whether...

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