Melissa Kennedy, As Next Friend for , Michael Dan Kennedy v. Secretary of Healh and Human Services

NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MELISSA KENNEDY, AS N EXT 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. D OWNING, Rhodes, Hieronymus, Jones,
Tucker & Gable, of Tulsa, Oklahoma, argued for
petitioners-appellants.
M ICHAEL P. M ILMOE, 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. M ATANOSKI, Acting Deputy Director, and
CATHARINE E. REEVES , Assistant Director.
______________________

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THIS CAUSE having been heard and considered, it is
O RDERED and ADJUDGED :
PER CURIAM (NEWMAN , CLEVENGER, and MOORE,
Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY O RDER OF THE COURT
October 15, 2012 /s/ Jan Horbaly____________
Date Jan Horbaly
Clerk

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