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WEDDEL v. SECRETARY OF DHHS

No. 94-5001.

23 F.3d 388 (1994)

Jerry L. WEDDEL, and wife, Lea Ann Weddel, on behalf of their minor daughter, Cassie Ann Weddel, 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 July 7, 1994.

Attorney(s) appearing for the Case

Thomas S. Brandon, Jr., Gandy, Michener, Swindle & Whitaker, L.L.P., of Fort Worth, TX, argued for petitioners-appellants.

Richard A. Schollmann, Attorney, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Helene M. Goldberg, John Lodge Euler and Gerard W. Fischer.

Before RICH, CLEVENGER, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 7, 1994.

CLEVENGER, Circuit Judge.

Jerry and Lea Ann Weddel appeal the August 4, 1993, order of the United States Court of Federal Claims dismissing their petition for compensation under the National Childhood Vaccine Injury Compensation Act of 1986, 42 U.S.C. § 300aa-1 to -26 (1988 & Supp. IV 1992) (the Act). Section 300aa-11(a)(5)(A) sets a limitation on the time for filing a petition...

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