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GASPARD v. UNITED STATES

Nos. 82-3428, 82-4204.

713 F.2d 1097 (1983)

Ellis GASPARD and Opal Gaspard, Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees. Dennis Ronald SHEEHAN and Nellie Katherine Sheehan, Husband and Wife, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 9, 1983.

Attorney(s) appearing for the Case

Silvestri & Massicot, Frank A. Silvestri, Luke Fontana, New Orleans, La., for plaintiffs-appellants.

E. Cooper Brown, Steven J. Phillips, New York City, for amicus-National Assoc. of Atomic Vets.

Robert S. Greenspan, Atty., Dept. of Justice, Civ. Div., Carlene V. McIntyre, Appellate Staff, Washington, D.C., Frank J. Violanti, Asst. U.S. Atty., Biloxi, Miss., for defendants-appellees.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 9, 1983.

JERRE S. WILLIAMS, Circuit Judge.

Donald Sheehan and Ellis Gaspard were servicemen who, under military orders, took part in atmospheric atomic weapons tests during the early 1950's at Desert Rock Flat, Nevada. Both have developed serious personal disabilities that they allege are a result of hazardous radiation exposure from these tests.1 Sheehan filed this suit in Federal...

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