SILKWOOD v. KERR-McGEE CORP.

No. 79-1894.

667 F.2d 908 (1981)

Bill M. SILKWOOD, Administrator of the Estate of Karen G. Silkwood, Deceased, Plaintiff-Appellee, v. The KERR-McGEE CORPORATION, a Delaware corporation, and Kerr-McGee Nuclear Corporation, a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 11, 1981.

Rehearing Denied February 19, 1982.


Attorney(s) appearing for the Case

William G. Paul, Oklahoma City, Okl., and Glenn W. McGee, Chicago, Ill. (L. E. Stringer, Richard C. Ford and John J. Griffin, Jr., of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., C. Lee Cook, Jr., William Van Hagey, Stephen A. Gorman and Pamela J. Kempin, of Chadwell, Kayser, Ruggles, McGee & Hastings, Chicago, Ill., and Elliott C. Fenton and Larry D. Ottaway of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., with them on the briefs), for defendants-appellants.

Arthur R. Angel, Oklahoma City, Okl. (Jim Ikard, Oklahoma City, Okl., G. L. Spence, Jackson Hole, Wyo., and Daniel P. Sheehan, Washington, D. C., with him on the briefs), for plaintiff-appellee.

Harry H. Voigt, Leonard M. Trosten and Michael F. McBride of LeBoeuf, Lamb, Leiby & MacRae, and Harvey S. Price, Gen. Counsel, Washington, D. C., on brief for amicus curiae Atomic Industrial Forum, Inc.

Karin P. Sheldon, Sierra Club Legal Defense Fund, Washington, D. C., on brief for amici curiae Environmental Policy Institute and Sierra Club.

Before DOYLE, McKAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

This is an appeal by Kerr-McGee Corporation and Kerr-McGee Nuclear Corporation (hereinafter collectively referred to as Kerr-McGee) from judgments after jury trial in a diversity suit brought against them by Bill M. Silkwood as administrator of the estate of Karen Silkwood, deceased. The action was based upon common law tort principles1 under Oklahoma law, and sought damages for injuries (primarily fear and anxiety...

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