PUNNETT v. CARTER

No. 79-1497.

621 F.2d 578 (1980)

PUNNETT, Hope and Hinkie, Irene and Hinkie, Paul, a minor, by his parents, Howard E. and Irene Hinkie, and Hinkie, Howard E., Administrator of the Estate of Timothy Hinkie, deceased, on behalf of all others similarly situated. v. CARTER, Jimmy, President, Brown, Harold, Secretary of Defense, Schlesinger, James R., Secretary of Energy, Liverman, James, Dr., Deputy Assistant Secretary of Energy, Hendrie, Joseph M., Chairman, Nuclear Regulatory Commission, Jones, David O., General Chairman, Joint Chiefs of Staff, Califano, Joseph, Jr., Secretary, Department of Health, Education and Welfare, Alexander, Clifford L., Jr., Secretary of the Army, Lushbaugh, Clarence, Dr., Administrator, Medical Division, Oak Ridge Associated Universities, Marx, Sidney, Dr., Government Contract Officer, Seaborg, Glenn T., former Head, Atomic Energy Commission, and certain other past and present officers of the U.S. Department of Defense, Department of the Army, and the former Atomic Energy Commission, who will be named as defendants when ascertained individually, and in their official capacities. Hope Punnett, Irene Hinkie, Paul Hinkie, and Howard E. and Irene Hinkie, Administrators of the Estate of Timothy Hinkie, Deceased, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 13, 1980.


Attorney(s) appearing for the Case

Herbert B. Newberg (argued), Robert F. Gary, Donna Baker, Philadelphia, Pa., for appellants.

John F. Cordes (argued), Robert E. Kopp, Attys., App. Staff, Civ. Div., Dept. of Justice, Alice Daniel, Acting Asst. Atty. Gen., Peter F. Vaira, Jr., U. S. Atty., Washington, D. C., for appellees.

Before GIBBONS, ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

The legal fallout in this action stems from a nuclear mushroom cloud formed high over the Nevada desert about twenty years ago. In this appeal we are presented with a claim for preliminary injunctive relief for alleged mutagenic dangers arising out of the open-air testing of nuclear weapons in the Nevada desert in the 1950's and early 1960's and for damages. The district court denied the requested relief. We affirm...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases