COOK v. ROCKWELL INTERN. CORP.

No. 14-1112.

790 F.3d 1088 (2015)

Merilyn COOK; William Schierkolk, Jr.; Delores Schierkolk; Richard Bartlett; Sally Bartlett; Lorren Babb; Gertrude Babb, Plaintiffs-Appellants, and Michael Dean Rice; Bank Western; Thomas L. Deimer; Rhonda J. Deimer; Stephen Sandoval; Peggy J. Sandoval, Plaintiffs, v. ROCKWELL INTERNATIONAL CORPORATION; Dow Chemical Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 2015.


Attorney(s) appearing for the Case

Merrill G. Davidoff of Berger & Montague, P.C., Philadelphia, PA ( David F. Sorensen , Jennifer MacNaughton , and Caitlin G. Coslett of Berger & Montague, P.C., Philadelphia, PA, and Gary B. Blum and Steven W. Kelly of Silver & DeBoskey, P.C., Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

Christopher Landau of Kirkland & Ellis LLP, Washington, D.C. ( Rebecca Taibleson of Kirkland & Ellis LLP, Washington, D.C., and Kevin T. Van Wart and Bradley H. Weidenhammer of Kirkland & Ellis LLP, Chicago, IL, with him on the brief), for Defendants-Appellees.

Before GORSUCH, PHILLIPS, and MORITZ, Circuit Judges.


Harnessing nuclear energy is a delicate business. So is the statute before us. Originally passed in the 1950s in an era captivated by the promise of nuclear power and amended in the 1980s in the aftermath of the Three Mile Island meltdown when prevailing public sentiment was perhaps less sanguine, the Price-Anderson Act seeks...

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