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LEE BY LEE v. U.S.

No. 97-5015.

129 F.3d 1482 (1997)

Megan Han LEE, by her Mother and Next Friend, Deborah Lynn LEE and Deborah Lynn Lee, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 4, 1997.

Attorney(s) appearing for the Case

Peter Avers Wimbrow, III, Attorney, Ocean City, MD, for plaintiff-appellant. Of counsel was Robert A. Mazzoni, Attorney, Scranton, PA.

Harold D. Lester, Jr., Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, for defendant-appellee. Of counsel were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Also of counsel were Leo E. Boucher, Major, and Dru Brenner-Beck, Major, Legal Services Division, Tort Branch, Department of the United States Army, Arlington, VA.

Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.

ORDER

PER CURIAM.

A petition for rehearing having been filed by the APPELLEE,

UPON CONSIDERATION THEREOF, it is

ORDERED that rehearing be granted for the limited purpose of issuing a supplemental opinion on rehearing. The supplemental opinion accompanies this order. The petition for rehearing is otherwise denied.

ON PETITION FOR REHEARING

The government petitions for rehearing, arguing that the Court of Federal Claims did...

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