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DREW v. U.S.

No. 99-1009.

217 F.3d 193 (2000)

Sterling DREW, a minor under the age of thirteen years, by guardian ad litem Martha Drew; Martha Drew; Jebediah Drew, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 2000.

Rehearing Granted; Opinion Vacated September 8, 2000.

Attorney(s) appearing for the Case

ARGUED: Mortimer Meyer Weinberg, III, Weinberg & Brown, Sumter, South Carolina, for Appellants. Jon Rene Josey, United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Frances C. Trapp, Assistant United States Attorney, Columbia, South Carolina; Major Eric S. Israel, Chief Medical Law Branch, Tort Claims Litigation Division, Air Force Legal Services Agency, Arlington, Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated September 8, 2000.

Vacated and remanded by published opinion. Judge. KING wrote the opinion, in which Judge MICHAEL joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

The infant Sterling Drew ("Sterling") and his parents appeal the dismissal of their action under the Federal Tort Claims Act ("FTCA") for injuries allegedly caused by birth control medication administered...

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