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WHITECOTTON v. SECRETARY OF HEALTH AND HUMAN SERV.

Nos. 92-5083, 93-5101.

81 F.3d 1099 (1996)

Margaret WHITECOTTON, by her next friends, Kay WHITECOTTON and Michael Whitecotton, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 26, 1996.

Attorney(s) appearing for the Case

Andrew J. Pincus, Mayer, Brown & Platt, Washington, D.C., argued for petitioners-appellants. With him on the brief was Curtis R. Webb, Twin Falls, Idaho.

Karen P. Hewitt, Attorney, Department of Justice, Washington, D.C., argued for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, Helene M. Goldberg, John Lodge Euler and Charles R. Gross, Attorneys.

Before RICH, NEWMAN, and CLEVENGER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 26, 1996.

CLEVENGER, Circuit Judge.

This case returns to us on remand from the Supreme Court which reversed our decision awarding Margaret Whitecotton compensation under the Vaccine Act. Shalala v. Whitecotton, ___ U.S. ___, 115 S.Ct. 1477, 131 L.Ed.2d 374 (1995). The Supreme Court left open several issues for us to decide on remand. As a result of our decision on the remaining issues...

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