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BARNSON v. UNITED STATES

Civ. No. C-81-0045.

531 F.Supp. 614 (1982)

Sylvia BARNSON, surviving wife, Rodney E. Barnson, Randy D. Barnson, Eldora Barnson Johnson, John Steve Barnson, Julia Mae Barnson Wise, and Maida Barnson Simms, surviving children, heirs of Earl S. Barnson, deceased; Vonda L. Cropper surviving wife, Helen E. Cropper Davis, Janice Cropper Peterson, William D. Cropper, Charles L. Cropper, and Lorraine Cropper Harris, surviving children, heirs of William E. Cropper, deceased; Eva Dean Hanson, surviving wife, Clyde E. Hanson, David B. Hanson and Shane Hanson, surviving children of Byron Hanson, deceased; Vivian P. Howes, surviving wife of Lester Ralph Peterson, deceased; Maurine Pitts, surviving wife of Elbert Pitts, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Utah, C. D.

February 2, 1982.

Attorney(s) appearing for the Case

Stewart L. Udall, Phoenix, Ariz., Wayne Owens, John F. Waldo of Parsons, Behle & Latimer, Salt Lake City, Utah, for plaintiffs.

I. Avrum Fingeret, U.S. Dept. of Energy, Washington, D.C., for defendant.

MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

This is an action for damages under the Federal Tort Claims Act arising out of the death of several persons variously employed in uranium mines near Marysvale, Utah, between 1947 and 1969. The deaths occurred as a result of cancer allegedly caused by radiation exposure in the mines. The defendant moved to dismiss plaintiffs' amended complaint, and the motion was argued orally before the court on December...

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