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MASSIE v. U.S.

No. 98-5051.

166 F.3d 1184 (1999)

Jill K. MASSIE, as mother and next friend of Autumn Massie, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 29, 1999.

Attorney(s) appearing for the Case

R. Gordon Pate, Pate, Lloyd, Fuston & Cochrun, LLP, Birmingham, Alabama, argued for plaintiffs-appellants.

Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director.

Before MAYER, Chief Judge, MICHEL, and LOURIE, Circuit Judges.

MAYER, Chief Judge.

Jill K. Massie, as mother and next friend of Autumn Massie, appeals the judgment of the United States Court of Federal Claims, 40 Fed.Cl. 151, which granted the government's motion for summary judgment that it did not breach an agreement to pay a claim arising under the Military Claims Act, 10 U.S.C. §§ 2731-2738 (1994). We reverse and remand for entry of judgment in favor of Massie.

Background

Autumn Massie suffered...

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