RENAUD v. MARTIN MARIETTA CORP.

Civ. A. No. 87-Z-42.

749 F.Supp. 1545 (1990)

James Earl RENAUD and Kathy Renaud, individually and as parents and next friends of Jennifer Lynn Renaud and Michelle Danniel Renaud, minors; Jack Patterson and Sharon Patterson, individually and as parents and next friends of Shane Patterson, a minor, and heirs-at-law of Hapi Patterson, deceased; Jack Morningstar and Susan Morningstar, individually and as parents and next friends of Craig Allen Morningstar and Kevin Hay Morningstar, minors, and heirs-at-law of Jason Morningstar, deceased; David Clements and Karen Clements, individually and as parents and next friends of Jessica Clements and Sean Clements, minors; William R. Bush, Jr. and Patricia L. Bush, individually and as parents and next friends of Trisha Bush, W. Joseph Bush and Timothy Bush, minors; Ronald Carlisle and Katherine Carlisle, individually and as parents and next friends of Lori Carlisle, a minor; Lawrence Michael Dunlap and Barbara A. Dunlap, individually and as parents and next friends of Shannon Dunlap and Catlin Dunlap, minors; Jerry R. Fitzwater and Toni E. Fitzwater, individually and as parents and next friends of Laura Louise Fitzwater, a minor; John W. Hoesterey and Debra Potter Hoesterey, individually and as parents and next friends of Erin G. Hoesterey and Brooke R. Hoesterey, minors; Alan D. Keiser, Sr. and Evelyn M. Keiser, individually and as parents and next friends of Erin Keiser, Christopher Keiser and Alan D. Keiser, Jr., minors; Roger Marez and Theresa Marez, individually and as parents and next friends of Rory Marez, a minor; Leslie Marez; Sophia Marez; Roger Marez, Jr.; Renee Marez Hernandez; Jeanne Van Note; Barbara Ellen Amelung; Gary Benns and Denise Benns, individually and as parents and next friends of Troy Benns, Bryan Benns and Tiffany Benns, minors, Plaintiffs, v. MARTIN MARIETTA CORPORATION, a Maryland Corporation, and City and County of Denver, Acting Through the Board of Water Commissioners, Defendants.

United States District Court, D. Colorado.

As Amended Nunc Pro Tunc December 13, 1990.


Attorney(s) appearing for the Case

John R. Holland, Law Offices of John Robert Holland, Kathleen Mullen, Law Office of Kathleen Mullen, P.C., Denver, Colo., William S. Finger, Frank & Finger, Evergreen, Colo., and Anthony Roisman, and Michael Hausfeld, Cohen, Milstein, Hausfeld & Toll, Washington, D.C., for plaintiffs.

Daniel S. Hoffman, Daniel J. Dunn, Holme Roberts & Owen, Denver, Colo., for defendant Martin Marietta Corp.

Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Ann R. Avery, Casey S. Funk, Denver Water Dept.; and Robert W. Harris, Chris A. Mattison, Kathleen G. Lanterman, and Jamey W. Jamison, Hall & Evans, Denver, Colo., for defendants City and County of Denver.

J. Greg Whitehair, Asst. U.S. Atty., Denver, Colo., and Judith N. Macaluso, Jane Mahoney, and N. Cornell Boggs, III, U.S. Dept. of Justice, Washington, D.C., for defendant U.S.


ORDER OF DISMISSAL

WEINSHIENK, District Judge.

The matters before the Court are defendants' motions for summary judgment. An evidentiary hearing was held on these motions from July 9 to July 13, 1990. Jurisdiction is proper pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331. The Court has reviewed the motions, the briefs supporting and opposing the motions, the testimony and exhibits presented at the evidentiary hearing, the opinions submitted by...

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