KENNEDY V. SEC. OF HEALTH AND HUMAN SERVICES, No. 11-5106 (Fed. Cir. 2012)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MELISSA KENNEDY, AS NEXT FRIEND FOR, MICHAEL DAN KENNEDY, Petitioners-Appellants, v. SECRETARY OF HEALH AND HUMAN SERVICES, Respondent-Appellee. ____________________ 2011-5106 ______________________ 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 respondentappellee. 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 October 15, 2012 Date /s/ Jan Horbaly____________ Jan Horbaly Clerk

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