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PRESCOTT v. UNITED STATES

Nos. 83-1948, 83-1949.

731 F.2d 1388 (1984)

Keith L. PRESCOTT, Plaintiff-Respondent, v. UNITED STATES of America, Defendant-Petitioner. Keith L. PRESCOTT, Plaintiff-Respondent-Appellee, v. UNITED STATES of America, et al., Defendants, and Reynolds Electrical and Engineering Company, Inc., a Nevada Corporation, Defendant-Petitioner-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1984.

Attorney(s) appearing for the Case

Stewart L. Udall, Phoenix, Ariz., Larry C. Johns, Alan R. Johns, Johns & Johns, Las Vegas, Nev., for plaintiff-respondent-appellee.

J. Paul McGrath, Asst. Atty. Gen., Jeffrey Axelrad, Director, Torts Branch, Donald E. Jose, Asst. Director, Torts Branch, Washington, D.C., John Thorndal, Thorndal, Backus & Maupin, Las Vegas, Nev., for defendant-petitioner-appellant.

Before DUNIWAY, FARRIS, and PREGERSON, Circuit Judges.

FARRIS, Circuit Judge:

The question certified for this interlocutory appeal is whether an agreement between the Atomic Energy Commission and the Nevada Industrial Commission is a valid device for providing workers' compensation coverage for radiation-related injuries and diseases for the employees of Reynolds Electrical and Engineering Company. The district court held that the agreement was not a valid device because it failed to meet the requirements of the Nevada...

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