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GRILL v. UNITED STATES

Nos. 79 C 990, 79 C 3296, 79 C 984, 78 C 1520, 79 C 1938 and 79 C 2410.

516 F.Supp. 15 (1981)

Roslyn M. GRILL and Bernard Grill, Plaintiffs, v. UNITED STATES of America, Defendant. Richard G. HEALY and Mariann Healy, Plaintiffs, v. UNITED STATES of America, Defendant. Lawrence REIN and Carol Rein, Plaintiffs, v. UNITED STATES of America, Defendant. Charles SOLOMON, Plaintiff, v. UNITED STATES of America, Defendant. Laura PECCI and John T. Pecci, Plaintiffs, v. UNITED STATES of America, Defendants. Kenneth ROSEVEAR, Individually and as Executor of the Estate of Leslie Rosevear, Plaintiff, v. UNITED STATES of America, Defendants.

United States District Court, E. D. New York.

May 19, 1981.

Attorney(s) appearing for the Case

Paul Rheingold, New York City, for all plaintiffs.

Robert Begleiter, Jan F. Constantine, Patrick Northup, Asst. U. S. Attys., Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., for defendant.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge.

Plaintiffs in these six actions move for partial summary judgment pursuant to FRCP 56. Relying upon Petty v. United States of America, No. C 78-4083 (ND Iowa, Dec. 31, 1980), plaintiffs seek to have this court apply collateral estoppel and preclude the United States from relitigating the issue of whether the government fulfilled its statutory duty to warn vaccinees of risks associated with the...

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