Opinion
2011-5106
10-15-2012
MELISSA KENNEDY, AS NEXT FRIEND FOR, MICHAEL DAN KENNEDY, Petitioners-Appellants, v. SECRETARY OF HEALH AND HUMAN SERVICES, Respondent-Appellee.
ANDREW D. DOWNING, Rhodes, Hieronymus, Jones, Tucker & Gable, of Tulsa, Oklahoma, argued for petitioners-appellants. MICHAEL P. MILMOE, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief TONY WEST, Assistant Attorney General, MARK W. ROGERS, Acting Director, VINCENT J. MATANOSKI, Acting Deputy Director, and CATHARINE E. REEVES, Assistant Director.
NOTE: This disposition is nonprecedential.
Appeal from the United States Court of Federal Claims in Case No. 90-VV-1009, Judge Francis M. Allegra.
JUDGMENT
ANDREW D. DOWNING, Rhodes, Hieronymus, Jones, Tucker & Gable, of Tulsa, Oklahoma, argued for petitioners-appellants.
MICHAEL P. MILMOE, Senior Trial Counsel, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief TONY WEST, Assistant Attorney General, MARK W. ROGERS, Acting Director, VINCENT J. MATANOSKI, Acting Deputy Director, and CATHARINE E. REEVES, Assistant Director. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
PER CURIAM (NEWMAN, CLEVENGER, and MOORE, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
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Jan Horbaly
Clerk