NATIONAL WILDLIFE FEDERATION v. COTTER CORP.

Nos. 80CA1180, 80CA1206.

646 P.2d 393 (1981)

The NATIONAL WILDLIFE FEDERATION, The Colorado Wildlife Federation, Michael Keplinger, and Citizens for Safe Energy, Plaintiffs-Appellants, v. The COTTER CORPORATION, Defendant-Appellee, and Dr. Frank Traylor, in his capacity as Executive Director of the Colorado Department of Health, and Albert Hazle, in his capacity as Director of Radiation and Hazardous Wastes Control Division of the Colorado Department of Health, and Gary Broetzman, in his capacity as Director of the Water Quality Control Division of the Colorado Department of Health, Defendants-Cross-Claimants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 15, 1981.

Certiorari Granted January 25, 1982.


Attorney(s) appearing for the Case

Luke J. Danielson, Robert J. Golten, Boulder, for plaintiffs-appellants.

Holme, Roberts & Owen, A. Edgar Benton, Richard L. Schrepferman, Edmond F. Noel, Jr., Denver, for defendant-appellee.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Richard L. Griffith, Asst. Attys. Gen., Denver, for defendants-cross-claimants-appellants.


VAN CISE, Judge.

In this action involving the disposition of uranium mill wastes by defendant Cotter Corporation, the court dismissed the plaintiffs' amended complaint and the State defendants' cross-claim for failure to join an indispensable party. They appeal. For different reasons, we affirm as to plaintiffs' complaint, reverse as to the State defendants' cross-claim.

Cotter has operated a uranium mill near Canon...

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