DAY v. NLO, INC.

No. 92-3667.

3 F.3d 153 (1993)

David DAY; John J. Fitzgerald; Herbert L. Kelly; William E. Frey; Hillary Webb, Sr.; Ralph Jones; Julia Virginia Sansone, Plaintiffs-Appellants, v. NLO, INC.; NL Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1993.


Attorney(s) appearing for the Case

Stanley M. Chesley (briefed), Paul Michael DeMarco (briefed), Waite, Schneider, Bayless & Chesley, Cincinnati, OH, Arthur R. Miller (argued), Cambridge, MA, David M. Cook (briefed), Thomas J. Kircher, Kircher, Robinson, Cook, Newman & Welch, Cincinnati, OH, and Ronald Simon, Connerton, Ray & Simon, Washington, DC, for plaintiffs-appellants.

William H. Hawkins, II, Frost & Jacobs, Cincinnati, OH, David M. Bernick, Kevin T. Van Wart (argued and briefed), Kirkland & Ellis, Chicago, IL, John Stephen Wirthlin, Sr., Douglas James Kurtenbach, Beirne & Wirthlin, Cincinnati, OH, and Herbert L. Fenster, McKenna, Conner & Cuneo, Washington, DC, for defendants-appellees.

Before: MERRITT, Chief Judge; and JONES and NELSON, Circuit Judges.


MERRITT, Chief Judge.

This is a class action brought by ten named plaintiffs under a section of the Price-Anderson Amendments Act of 1988 that created federal jurisdiction for "any public liability action arising ... from an extraordinary nuclear occurrence."1 42 U.S.C. § 2210(n)(2) (1988). The plaintiffs — who worked for various periods of time for contractors and subcontractors at a nuclear plant in Fernald, Ohio (The Feed...

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