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JUNEAU v. DEPARTMENT OF JUSTICE

No. 2009-8002.

583 F.3d 777 (2009)

Susan JUNEAU, Kevin Juneau, Ryan Juneau, and Steven Juneau, As Surviving Spouse and Children of John Ross Juneau, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

September 29, 2009.

Attorney(s) appearing for the Case

Joseph P. Durham, Jr., Langley & Lee, LLC, of Albany, GA, for petitioner.

Jeffrey A. Regner, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Opinion for the court filed by Chief Judge MICHEL. Dissenting opinion filed by Circuit Judge NEWMAN.

MICHEL, Chief Judge.

The Department of Justice's Bureau of Justice Assistance (BJA) denied the claim of Susan Juneau and her three children (Claimants) for benefits under the Public Safety Officers' Benefits Act (the PSOB Act), 42 U.S.C. §§ 3796 et seq. Because the BJA correctly determined that Mrs. Juneau's deceased husband did not suffer a "personal injury" as contemplated by the PSOB Act, this court affirms.

I. BACKGROUND

The...

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