Kubs v. United States

DECISION AND ORDER

MYRON L. GORDON, District Judge.

The plaintiffs bring this action under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and the National Swine Flu Immunization Program of 1976, Pub.L.No.94-380, 90 Stat. 1113, codified at 42 U.S.C. § 247b(j) — (7) (1976). This act no longer appears in title 42, see Pub.L.No.95-626, 92 Stat. 3551. A one-day trial to the court on the issue of liability was held on December 21, 1981. The parties have submitted post-trial briefs, and this decision constitutes the court’s findings of fact and conclusions of law, pursuant to Rule 52, Federal…