BARNSON v. UNITED STATES

Nos. C-80-0119A, C-81-0045W, C-81-0715J, C-81-0719W.

630 F.Supp. 418 (1985)

Sylvia BARNSON, surviving wife, Rodney E. Barnson, Randy D. Barnson, Eldora Barnson Johnson, John Steve Barnson, Julia Mae Barnson Wise, and Maida Barnson Simms, surviving children, heirs of Earl S. Barnson, deceased; Vonda L. Cropper, surviving wife, Helen E. Cropper Davis, Janice Cropper Peterson, William D. Cropper, Charles L. Cropper, and Lorraine Cropper Harris, surviving children, heirs of William E. Cropper, deceased; Eva Dean Hanson, surviving wife, Clyde E. Hanson, David B. Hanson and Shane Hanson, surviving children of Byron Hanson, deceased; Vivian P. Howes, surviving wife of Lester Ralph Peterson, deceased; Maurine Pitts, surviving wife of Elbert Pitts, deceased; Rowena Anderson, surviving wife, Byron Anderson, Terral Anderson, and Robert Mellor, surviving children, heirs of Byron Anderson, deceased; Leola Christensen, surviving wife, Alvin Christensen, Karl Christensen, Neil Christensen, and Colleen Peterson, surviving children, heirs of Alvin Christensen, deceased; John Dinsmore; Edna Fisher, surviving wife of Stanley Fisher, deceased; Rell Frederick; Margaret Bodtcher, surviving child, heir of Byron Hanson, deceased; Aldon McIntosh and Tony McIntosh, surviving children, heirs of LaMar McIntosh, deceased; Ada Morrill, surviving wife, Dale Morrill, Denzil Morrill, Steve Morrill, Ida Ann Newby, Cleora Peterson, and Thelma Pope, surviving children, heirs of Clarence Morrill, deceased; Norrene Neel, surviving wife, and Shelley Ann Neel, surviving child, heirs of Jack Neel, deceased; Carl Norton; Doyle Palmer, LaMond Palmer, and LuDale Palmer, surviving children, heirs of Edward Palmer, deceased; Gayle Nillson, surviving heir of Elbert Pitts, deceased; Margaret Quinn, surviving wife, Gary Quinn, Milton Quinn, and Janet Lott, surviving children, heirs of George Quinn, deceased; Bernadine Hurley, surviving child, heir of Farley Smith, deceased; Ida Mae Swenson, surviving wife, Lance Snow, Lon Snow, Lynn Snow, and Shaun Thomson, surviving children, heirs of LeMoyne Snow, deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Utah, C.D.

July 1, 1985.


Attorney(s) appearing for the Case

Stewart L. Udall, Phoenix, Ariz., Wayne Owens and Kenley Brunsdale, Salt Lake City, Utah, and Thomas S. Udall, Santa Fe, N.M., for plaintiffs.

Edward Jiran, Laura Rockwood and Russell Young, U.S. Dept. of Energy, Paul F. Figley, U.S. Dept. of Justice, Washington, D.C., and Brent D. Ward and Lawrence J. Leigh, U.S. Attorney's Office, Salt Lake City, Utah, for defendant.


ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Senior District Judge.

I. INTRODUCTION

The plaintiffs in this case seek compensation for serious illness and death suffered by numerous uranium miners. According to the plaintiffs, these miners incurred injury from radiation in the Marysvale, Utah uranium mines. The original complaint alleged tort claims against the uranium company (Vanadium Corporation of America and its...

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