JOHNS-MANVILLE SALES CORP. v. UNITED STATES

Nos. 85-1596, 85-1651.

796 F.2d 372 (1986)

JOHNS-MANVILLE SALES CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 21, 1986.


Attorney(s) appearing for the Case

Marc Richman, Attorney, Appellate Staff, Civ. Div. (Richard K. Willard, Asst. Atty. Gen., Robert N. Miller, U.S. Atty., for the Dist. of Colo., and Robert S. Greenspan, Atty., Appellate Staff, Civ. Div., with him on briefs), Dept. of Justice, Washington, D.C., for defendant-appellant.

C. Michael Montgomery, of Montgomery, Green & Jarvis (James K. Green, H. Keith Jarvis and John T. Van Voorhis, of Montgomery, Green & Jarvis, and Dennis H. Markusson, Robert Batson and Helen Marsh, of Johns-Manville Corp., of counsel, with him on brief), Denver, Colo., for plaintiffs-appellees.

Before McKAY and BALDOCK, Circuit Judges, and BROWN, District Judge.


PER CURIAM.

This is an interlocutory appeal from a venue determination by the United States District Court for the District of Colorado, 601 F.Supp. 170 (1985). We consider only the single question that the district court certified for our review: Whether the plaintiffs can bring suit against the United States in Colorado as residents of that state under 28 U.S.C. §§ 1391(e), 1402(b) (1982). The plaintiffs' principal...

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