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LASWELL v. BROWN

No. 81-1768.

683 F.2d 261 (1982)

Betty LASWELL; Robert Laswell; Patricia Laswell; Norita Laswell, Plaintiffs-Appellants, v. Harold BROWN, U. S. Secretary of Defense; R. R. Monroe, Director, Defense Nuclear Agency; Department of Defense; Defense Nuclear Agency and United States, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1982.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., Thomas E. Dittmeier, U. S. Atty., St. Louis, Mo., Robert S. Greenspan, Paul F. Figley, Dept. of Justice, Civ. Div., Appellate Staff, Washington, D. C., for defendants-appellees.

Richard Huber, Washington, D. C., for plaintiffs-appellants Betty Laswell, et al.

Before ARNOLD, Circuit Judge, STEPHENSON, Senior Circuit Judge, and HANSON, Senior District Judge.

STEPHENSON, Senior Circuit Judge.

This case presents a recurring problem of intramilitary immunity. Plaintiffs-appellants seek damages, among other claims, for the disability and eventual death of their husband and father, Charles Laswell. The plaintiffs claim that Laswell was exposed to low-level ionizing radiation as part of this country's atmospheric nuclear weapons testing program while he was on active duty in the South Pacific after World War II.

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