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LEMAR v. UNITED STATES

Nos. 82-2817-M, 83-2403-M.

580 F.Supp. 37 (1984)

Alice LEMAR, Brian Lemar, and Alice Lemar as Next Friend of Sarah Lemar, Plaintiffs, v. UNITED STATES of America, American Cyanamid Company, Inc., Connaught Laboratories, Inc. and Connaught Laboratories, Ltd., Defendants.

United States District Court, W.D. Tennessee, W.D.

February 8, 1984.

Attorney(s) appearing for the Case

Robert K. Kaufman, Gaylor, Mich., for plaintiffs.

Robert Fargarson, J.W. McDonnell, Jr., J. Minor Tait, Jr., Paul Goodman, Memphis, Tenn., and Brenda Green, U.S. Dept. of Justice, Civil Div., Washington, D.C., for defendants.

ORDER ON UNITED STATES OF AMERICA'S MOTION FOR SUMMARY JUDGMENT

McRAE, Chief Judge.

Plaintiffs bring this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671, et seq., for injuries received by their daughter, Sarah Lemar, after she was immunized against various diseases. The government has moved to dismiss, Fed.R. Civ.P. 12(b)(1) and (6), or, in the alternative, for summary judgment, Fed.R.Civ.P. 56.

Alice...

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