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HOUSE v. MINE SAFETY APPLIANCES CO.

Nos. 75-3079, 76-1788, 76-1789 and 76-2650.

573 F.2d 609 (1978)

Helen HOUSE et al., Plaintiffs, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants. Helen HOUSE et al., Plaintiffs-Appellants, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants, United States of America, Defendant-Appellee. Helen HOUSE et al., Plaintiffs, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants. PVO INTERNATIONAL, INC., a California Corporation and Polytron Company, also known as Polyco Liquidating Corporation, a California Corporation, Third-Party Plaintiffs-Appellants, v. SILVER DOLLAR MINING COMPANY, an Idaho Corporation, Polaris Mining Company, a Delaware Corporation, Hecla Mining Company, a Washington Corporation, Big Creek Apex Mining Company, an Idaho Corporation, Silver Surprize, Inc., an Idaho Corporation, Sunshine Consolidated, Inc., an Idaho Corporation, Silver Bismarck Mining Company, an Idaho Corporation, Metropolitan Mines Corporation Limited, an Idaho Corporation, et al., Third-Party Defendants-Appellees. Sandra NORRIS et al., Plaintiffs, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants, United States of America, Defendant-Appellee. Sandra NORRIS et al., Plaintiffs, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants. PVO INTERNATIONAL, INC., a California Corporation and Polytron Company, now known as Polyco Liquidating Corporation, a California Corporation, Third-Party Plaintiffs-Appellants, v. SILVER DOLLAR MINING COMPANY, an Idaho Corporation, Polaris Mining Company, a Delaware Corporation, Hecla Mining Company, a Washington Corporation, Big Creek Apex Mining Company, an Idaho Corporation, Silver Surprize, Inc., an Idaho Corporation, Sunshine Consolidated, Inc., an Idaho Corporation, Silver Syndicate, Inc., an Idaho Corporation, Bismarck Mining Company, an Idaho Corporation, Metropolitan Mines Corporation Limited, an Idaho Corporation, et al., Third-Party Defendants-Appellees. Arjvell E. FOWLER, Plaintiff, v. MINE SAFETY APPLIANCES COMPANY, a corporation, et al., Defendants. PVO INTERNATIONAL, INC., a California Corporation and Polytron Company, also known as Polyco Liquidating Corporation, a California Corporation, Third-Party Plaintiffs-Appellants, v. SILVER DOLLAR MINING COMPANY, an Idaho Corporation, Polaris Mining Company, a Delaware Corporation, Hecla Mining Company, a Washington Corporation, Big Creek Apex Mining Company, an Idaho Corporation, Silver Surprize, Inc., an Idaho Corporation, Sunshine Consolidated, Inc., an Idaho Corporation, Silver Syndicate, Inc., an Idaho Corporation, Bismarck Mining Company, an Idaho Corporation, Metropolitan Mines Corporation Limited, an Idaho Corporation, et al., Third-Party Defendants-Appellees. SUNSHINE MINING COMPANY, a corporation, Plaintiff, v. UNITED STATES of America et al., Defendants. PVO INTERNATIONAL, INC., a California Corporation and Polytron Company, also known as Polyco Liquidating Corporation, a California Corporation, Third-Party Plaintiffs-Appellants, v. SILVER DOLLAR MINING COMPANY, an Idaho Corporation, Polaris Mining Company, a Delaware Corporation, Hecla Mining Company, a Washington Corporation, Big Creek Apex Mining Company, an Idaho Corporation, Silver Surprize, Inc., an Idaho Corporation, Sunshine Consolidated, Inc., an Idaho Corporation, Silver Syndicate, Inc., an Idaho Corporation, Bismarck Mining Company, an Idaho Corporation, Metropolitan Mines Corporation Limited, an Idaho Corporation, et al., Third-Party Defendants-Appellees. Anthony Charles Vanier HARDEN et al., Plaintiffs, v. UNITED STATES of America et al., Defendants. PVO INTERNATIONAL, INC., a California Corporation and Polytron Company, now known as Polyco Liquidating Corporation, a California Corporation, Third-Party Plaintiffs-Appellants, v. SILVER DOLLAR MINING COMPANY, an Idaho Corporation, Polaris Mining Company, a Delaware Corporation, Hecla Mining Company, a Washington Corporation, Big Creek Apex Mining Company, an Idaho Corporation, Silver Surprize, Inc., an Idaho Corporation, Sunshine Consolidated, Inc., an Idaho Corporation, Silver Syndicate, Inc., an Idaho Corporation, Bismarck Mining Company, an Idaho Corporation, Metropolitan Mines Corporation Limited, an Idaho Corporation, et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 14, 1978.

Attorney(s) appearing for the Case

Jack R. Ormes, of Moyle & Draper, Los Angeles, Cal., Phalen G. Hurewitz, Beverly Hills, Cal. (argued), for plaintiffs.

John G. Laughlin, Dept. of Justice, Washington, D. C., Leonard Schaitman (argued), Dept. of Justice, Washington, D. C., for defendants.

Before WALLACE and SNEED, Circuit Judges, and BOLDT, District Judge.

SNEED, Circuit Judge:

These consolidated appeals come to us out of the litigation arising from the Sunshine Mine fire on May 2, 1972, in Kellogg, Idaho, in which over 90 miners died. The initial plaintiffs in this complex litigation were surviving relatives of those miners killed in the fire. Named as defendants in this wrongful death action were the United States, a number of companies involved in the manufacture and sale of a kind of polyurethane foam used in the...

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