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McKINLEY v. COMBUSTION ENGINEERING, INC.

Civ. No. 80-4045.

575 F.Supp. 942 (1983)

Richard Dean McKINLEY, Ann Marie Rowell, John Michael McKinley and Caroline Irene Heise, Plaintiffs, v. COMBUSTION ENGINEERING, INC. and University of Chicago, Defendants.

United States District Court, D. Idaho.

November 15, 1983.

Attorney(s) appearing for the Case

W. Charles Carr, Petersen, Moss & Olsen, Idaho Falls, Idaho, for plaintiffs.

Guy G. Hurlbutt, U.S. Atty., Boise, Idaho, Donald E. Jose, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM DECISION

CALLISTER, Chief Judge.

This is a wrongful death action growing out of an accident occurring on October 3, 1961, at the Nuclear Testing Station in Idaho Falls, Idaho. In that accident, Mr. Legg and Mr. McKinley were killed. Their heirs brought this action more than eighteen years after the accident.

By order and memorandum decision dated August 7, 1980, this Court dismissed the action on statute of limitations grounds. That dismissal...

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