McKAY v. UNITED STATES

Nos. 82-1771, 82-1816.

703 F.2d 464 (1983)

Perry S. McKAY, Charles C. McKay and The First National Bank of Denver as Personal Representatives of the Estate of Marcus F. Church, Deceased; Charles Church McKay and Edward A. Landry, Successor Trustees to Marcus F. Church, Trustee, Deceased; William C. Ackard; Samuel Butler, Jr.; and Butler Investments, Ltd., a limited partnership, Appellants, v. UNITED STATES of America; Dow Chemical Company; and Rockwell International Corporation, Appellees. and GREAT WESTERN VENTURE, a Colorado limited partnership, Appellant, v. UNITED STATES of America; Dow Chemical Company and Rockwell International Corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

March 23, 1983.


Attorney(s) appearing for the Case

Howard Holme, Fairfield & Woods, Denver, Colo. (Charles J. Beise and Peter F. Breitenstein, Fairfield & Woods, Denver, Colo., with him on briefs), for appellants.

Jake J. Chavez, Sp. Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., James E. Elliott and Michael J. Barbo, Elliott & Barbo, Wheatridge, Colo., and William F. Schoeberlein and Joseph J. Bronesky, Sherman & Howard, Denver, Colo., with him on brief) for appellees.

Before HOLLOWAY and DOYLE, Circuit Judges, and BROWN, Senior District Judge.


WILLIAM E. DOYLE, Circuit Judge.

In these actions the plaintiffs allege that they are land owners surrounding the so-called Rocky Flats Plant, which manufactures, on behalf of the United States government, nuclear weapons1 or nuclear ammunition. Plaintiffs' main complaint is that the land which they own or in which they have an interest has suffered from the presence of the Rocky Flats plant; that the soil has become infested with nuclear...

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