BULLOCH v. PEARSON

No. 84-1830.

768 F.2d 1191 (1985)

David BULLOCH, McRae N. Bulloch, Fern Bulloch, Douglas Corry, A.E. Seegmiller, Myron Higbee, Nelson Webster, Lillian W. Clark, for herself and as representative of the estate of Douglas C. Clark, deceased, Lambeth Brothers Livestock a partnership, T. Randall Adams, and Dee Evans, Plaintiffs-Appellants, v. Paul B. PEARSON, Bernard Trum, Gordon Dunning, Leo F. Bustad, General Electric Corporation, John J. Finn, Charles F. Eason, Don Fowler, H.A. Kornberg, John H. Rust, Utah State Board of Health, Monroe Holmes, George Spendlove and John Does I Through XX, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 1985.


Attorney(s) appearing for the Case

Dan S. Bushnell, Salt Lake City, Utah (M. Karlynn Hinman and James J. Cassity, Salt Lake City, Utah, with him on the briefs), of Kirton, McConkie & Bushnell, Salt Lake City, Utah, for plaintiffs-appellants.

Marc Johnson, Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan, Dept. of Justice, Washington, D.C., and Brent D. Ward, U.S. Atty., Salt Lake City, Utah, with him on the briefs), for defendants-appellees.

Before BARRETT, McWILLIAMS and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

The dispositive issue in this appeal is whether the plaintiffs are precluded from litigating the substantive issues underlying their constitutional claims following this Court's decision in Bulloch v. United States, 763 F.2d 1115 (10th Cir.1985) (en banc) (Bulloch II).

The present case, which may be termed Bulloch III, arises from the plaintiffs' efforts

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