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HACKWELL v. U.S.

No. 05-1509.

491 F.3d 1229 (2007)

Kim HACKWELL and Killian, Guthro & Jenson, P.C., Plaintiffs-Appellants, v. UNITED STATES of America; Department of Justice; Alberto Gonzales, Attorney General; and Timothy Garren, Director, Torts Branch, Civil Division, and His Successors in Office, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 5, 2007.

Attorney(s) appearing for the Case

Jeffrey Robert White of Center for Constitutional Litigation, P.C., Washington D.C. (J. Keith Killian and Damon J. Davis of Killian, Guthro & Jensen, P.C., Grand Junction, Colorado, with him on the briefs) for Plaintiffs-Appellants.

Elizabeth Goitein (Peter D. Keisler and Mark B. Stern, with her on the brief), United States Department of Justice, Civil Division, Washington, D.C., for Defendants-Appellees.

Before BRISCOE, HOLLOWAY, and LUCERO, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiffs-Appellants Kim Hackwell and Killian, Guthro & Jensen, P.C. (KGJ) filed a complaint in the United States District Court for the District of Colorado challenging a regulation, 28 C.F.R. § 79.74(b), that interprets the attorney-fee limitations set forth by the Radiation Exposure Compensation Act, 42 U.S.C. § 2210 note Sec. 9. The district court granted the Defendants' motion to dismiss for failure to state a claim. Dist...

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