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PETTY v. UNITED STATES

No. 83-1696.

740 F.2d 1428 (1984)

Robert L. PETTY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1984.

Rehearing and Rehearing Denied November 2, 1984.

Attorney(s) appearing for the Case

Evan L. Hultman, U.S. Atty., Ceder Rapids, Iowa, J. Paul McGrath, Asst. Atty. Gen., Mary McElroy Leach, Jeffrey Axelrad, Dept. of Justice, Washington, D.C., for appellant.

Wiley Mayne, John D. Mayne, Sioux City, Iowa, for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BRIGHT, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 2, 1984.

LAY, Chief Judge.

Robert L. Petty filed suit against the United States for compensatory damages under the Swine Flu Act, 42 U.S.C. § 247b(j)-(l) (1976), in conjunction with the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80. The district court, the Honorable Donald E. O'Brien presiding, found the United States liable under negligence and strict liability theories. Petty...

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