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SUEL v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 98-5153.

192 F.3d 981 (1999)

Thomas J. SUEL and Amelia K. Suel, parents and next friends of David J. Suel, Petitioners-Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 8, 1999.

Attorney(s) appearing for the Case

Robert T. Moxley, Gage and Moxley, of Cheyenne, Wyoming, argued for petitioners-appellees.

Mary Hampton Mason, Attorney, Torts Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellant. With her on the brief were Helene M. Goldberg, Director, and John Lodge Euler, Deputy Director; and Gerard W. Fischer, Attorney.

Before MAYER, Chief Judge, LOURIE, Circuit Judge, and BLACK, District Judge.

BLACK, Judge.

The Secretary of Health and Human Services ("the Secretary") appeals from the decision of the United States Court of Federal Claims which sustained a compensation decision by the Special Master issued pursuant to the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 ("the Act"). Based on the Secretary's failure to appeal the earlier remand by the Court of Federal Claims or to reopen the case on the entitlement issue on the...

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