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CUDJOE EX REL. CUDJOE v. DEPT. OF VETERANS AFFAIRS

No. 04-3003.

426 F.3d 241 (2005)

Derryen D. CUDJOE, A Minor Child By and Through his Natural Guardians and Next Friends, Barbarette and Derry CUDJOE, Appellants v. DEPARTMENT OF VETERANS AFFAIRS; Anthony J. Principi, Secretary of Veterans Affairs; Roger W. Robert.

United States Court of Appeals, Third Circuit.

Filed October 13, 2005.

Attorney(s) appearing for the Case

Sharon A. Ziegler (Argued), Kingsport, Tennessee, for Appellants.

Susan D. Bricklin (Argued), Office of United States Attorney, Philadelphia, Pennsylvania, for Appellees, Department of Veterans Affairs and Anthony J. Principi, Secretary of Veterans Affairs.

Edward J. Schwabenland (Argued), Schwabenland & Ryan, P.C., Wayne, Pennsylvania, for Appellee, Roger W. Robert.

Before SCIRICA, Chief Judge, ALITO and ROSENN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether the United States has waived sovereign immunity to suits for money damages under certain provisions of the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4851 et seq., and the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.

Plaintiff filed suit against the Department of Veterans Affairs and a private...

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