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AMBER-MESSICK v. U.S.

No. 2006-5087.

483 F.3d 1316 (2007)

Julie AMBER-MESSICK, Administratrix of the Estate of Christopher Kangas, deceased, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 11, 2007.

Attorney(s) appearing for the Case

Frank W. Daly, Daly & O'Brien, P.C., of Media, PA, argued for plaintiff-appellee.

Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief were Rafael A. Madan, General Counsel, and Gregory C. Brady, Deputy General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.

Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Circuit Judge NEWMAN dissents.

SCHALL, Circuit Judge.

Julie Amber-Messick is the mother of Christopher Kangas, who was a fourteen-year old "apprentice firefighter" with the Brookhaven, Pennsylvania, Volunteer Fire Department ("Brookhaven Fire Department"). Following her son's death in a traffic accident, Mrs. Amber-Messick submitted a claim to the Department of Justice's Bureau of Justice Assistance ("BJA...

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