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BRITELL v. U.S.

No. 03-1282.

372 F.3d 1370 (2004)

Maureen M. BRITELL, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 24, 2004.

Attorney(s) appearing for the Case

Simon Heller, The Center for Reproductive Rights, of New York, NY, argued for plaintiff-appellee. With him on the brief were John H. Henn, Jessica M. Silbey and Seth Nesin, Foley Hoag LLP, of Boston, Massachusetts.

Gregory G. Katsas, Deputy Assistant Attorney General, Civil Division, Appellate Staff, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Eric D. Miller and Robert M. Loeb, attorneys.

Before MICHEL, BRYSON, and PROST, Circuit Judges.

MICHEL, Circuit Judge.

Defendant-Appellant United States ("the government") appeals from the May 29, 2002 Order of the United States District Court for the District of Massachusetts granting summary judgment to Plaintiff-Appellee Maureen M. Britell ("Britell") in this Little Tucker Act case seeking reimbursement for the cost of an abortion. The district court ruled that 10 U.S.C. § 1093(a) violated the Equal Protection Clause of the Fifth Amendment to the United...

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