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BRACKNEY v. COMBUSTION ENGINEERING, INC.

Nos. 80-3381, 80-3422 and 81-3201.

674 F.2d 812 (1982)

Michael Eugene BRACKNEY, an infant by Judith C. Brackney, his guardian ad litem and Judith C. Brackney, Appellants, v. COMBUSTION ENGINEERING, INC., University of Chicago, and John Doe I, John Doe II, John Doe III, John Doe IV, John Doe V, John Doe VI, John Doe VII, John Doe VIII, John Doe IX, John Doe X, Appellees. Richard Dean McKINLEY; Ann Marie Rowell; John Michael McKinley; and Caroline Irene McKinley, Appellants, v. COMBUSTION ENGINEERING, INC., and University of Chicago, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1982.

Rehearing and Rehearing Denied June 3, 1982.

Attorney(s) appearing for the Case

William Charles Carr, Idaho Falls, Idaho, argued, for appellants; Dennis M. Olsen, Peterson, Moss & Olsen, Idaho Falls, Idaho, on brief.

Donald E. Jose, Atty., Dept. of Justice, Washington, D. C., for appellees.

Before KILKENNY and GOODWIN, Circuit Judges, and TANNER, District Judge.

Rehearing and Rehearing En Banc Denied June 3, 1982.

KILKENNY, Circuit Judge:

The dispositive issue in this consolidated appeal is whether the Idaho Statute of Limitations bars the claim of the appellants.

FACTS

On January 3, 1961, an accident occurred at the National Reactor Testing Station near Idaho Falls, Idaho. Richard C. Legg, husband of appellant Judith Brackney and father of appellant Michael Brackney, and Richard L. McKinley, husband...

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