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FLOWERS v. SECRETARY, HEALTH & HUMAN SERVICES

No. 94-5136.

49 F.3d 1558 (1995)

Ruby FLOWERS, Administratrix for the Estate of Melissa J. Malone, Petitioner-Appellant, v. SECRETARY OF the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

March 6, 1995.

Attorney(s) appearing for the Case

Scott I. Levey, Mondello & Levey, Cleveland, OH, submitted, for petitioner-appellant.

Gabrielle Manganiello, Atty., Dept. of Justice, Washington, DC, argued, for respondent-appellee. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Helene M. Goldberg and John Lodge Euler, Attys.

Before RICH, CLEVENGER, and BRYSON, Circuit Judges.

CLEVENGER, Circuit Judge.

Ruby Flowers appeals the May 10, 1994 judgment of the United States Court of Federal Claims affirming the Special Master's order, which dismissed her petition for compensation under the National Childhood Vaccine Injury Act of 1986 (Vaccine Act), Pub.L. No. 99-660, tit. III, 100 Stat. 3755 (current version at 42 U.S.C. §§ 300aa-1 to -34 (1988 & Supp. V 1993)). The court held that it lacked jurisdiction to hear Ms. Flowers's...

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