AYALA BY AND THROUGH AYALA v. JOY MFG. CO.

Civ. A. Nos. 82-JM-1907, 83-JM-580.

580 F.Supp. 521 (1984)

Patsi AYALA, Donna M. Ayala, Daisy M. Ayala, Dixon W. Ayala, by and through their mother and next of friend, Patsi AYALA, Sylvia Cook, Kyle D. Cook, Jr., Donna Cook, Angela Cook, by and through their mother and next friend, Sylvia Cook, Sheryl Lucero, Travis Lucero, by and through his mother and next of friend, Sheryl Lucero, Kraig N. Mead, Brian T. Mead, by and through their mother and next of friend, Pamela Mead, Alma B. Tucker, Gavin Litwiller, Sharyn Litwiller, Karen Greene, Vernon F. Lincoln, Loretta M. Patch, Rodney Allan Patch, Michael Kent Patch, Brenda Louise Patch, Stacey Marie Patch, by and through their mother and next of friend, Loretta M. Patch, Hugh W. Pierce, Alice B. Pierce, Cheryl Sharp, Jarret M. Sharp, Wendy I. Sharp, Glen W. Sharp, Jr., Amy E. Sharp, James E. Sharp, by and through their mother and/or next of friend Cheryl Sharp, Linda Vetter, Jennifer K. Vetter, Michael T. Vetter, by and through their mother and next of friend, Linda Vetter, Plaintiffs, v. JOY MANUFACTURING COMPANY, a Pennsylvania corporation, McJunkin Corporation, a West Virginia corporation, Bacharach Instrument Co., a division of Ambac Industries, Inc., a Delaware corporation, Service Machine Co., a West Virginia corporation, Defendants. Myra Lynn GUTHRIE, Patricia Kathleen Guthrie, by and through their Mother and Next Friend, Judy GUTHRIE; Judy Guthrie, individually, Judy Guthrie, as Administratrix of the Estate of William Eugene Guthrie, deceased, Plaintiffs, v. JOY MANUFACTURING COMPANY, a Pennsylvania corporation, Mine Safety Appliances Co., a Pennsylvania corporation, McJunkin Corporation, a West Virginia corporation, Bacharach Instrument Co., a Division of Ambac Industries, Inc., a Delaware corporation, Service Machine Co., a West Virginia corporation, United States of America, Department of Labor, Mine Safety & Health Administration, Defendants.

United States District Court, D. Colorado.

February 9, 1984.


Attorney(s) appearing for the Case

William A. Trine, David W. Griffith, Williams, Trine, Greenstein & Griffith, P.C., Boulder, Colo., Stephen J. Pettit, Knight & Griffith, Cullman, Ala., Walter E. Brown, III, Stephen J. Worrell, Glenwood Springs, Colo., Laird T. Milburn, Dufford, Waldeck, Ruland, Wise & Milburn, Grand Junction, Colo., for plaintiffs.

Bruce A. Menk, Hall & Evans, Albert E. Zarlengo, Zarlengo, Mott & Zarlengo, Bruce F. Fest, Wood, Ris & Hames, Lowell Fortune, Fortune & Lawritson, P.C., Denver, Colo., Brenda Moss Green, Trial Atty., Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., Henry L. Solano, Asst. U.S. Atty., Denver, Colo., for defendants.


ORDER

JOHN P. MOORE, District Judge.

THIS MATTER comes before the Court for determination of several motions to dismiss and for summary judgment. This action arises out of an accident which occurred on April 15, 1981, in a mine owned and operated by Mid-Continent Resources, Inc., near Redstone, Colorado. On that date, 15 miners were killed in a methane and coal explosion in the Dutch Creek No. 1 Mine. The complaints...

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