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KIICK v. METROPOLITAN EDISON CO.

Nos. 85-5351, 85-5352.

784 F.2d 490 (1986)

KIICK, Perri C. and Kiick, Edward, Appellees, v. METROPOLITAN EDISON CO., and General Public Utilities Corp., and Babcock and Wilcox Company, Appellants, No. 85-5351. and SMITH, Terry and Smith, Michelle Smajda, Appellees, v. GENERAL PUBLIC UTILITIES CORP., Metropolitan Edison Co., Jersey Central Power & Light Co., Pennsylvania Electric Co., Babcock & Wilcox Company, J. Ray McDermott & Co., and Catalytic, Inc., Appellants, No. 85-5352.

United States Court of Appeals, Third Circuit.

Decided February 19, 1986.

Attorney(s) appearing for the Case

John G. Harkins, Jr. (argued), A.H. Wilcox, Pepper, Hamilton & Scheetz, Philadelphia, Pa. (Paul J. Mishkin Berkeley, Cal., of counsel), for appellants.

Joseph D. Shein (argued), Daniel G. Childs, Shein, Paul, Reich & Myers, P.C., Philadelphia, Pa., for appellees in No. 85-5351.

F. Lee Bailey, Aaron J. Broder, New York City (Mitchell D. Kessler (argued), of counsel), for appellees in No. 85-5352.

Arnold Levin, Howard J. Sedran, David J. Perlman, Levin & Fishbein, Philadelphia, Pa., Lee C. Swartz, Hepford, Swartz, Menaker & Morgan, Harrisburg, Pa., for amici curiae, James D. Carrigan, et al.

Before SEITZ, GIBBONS, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Defendants appeal from an interlocutory order of the district court denying defendants' motion for partial summary judgment. The district court denied the motion based on its conclusion that the Price-Anderson Act does not preclude the recovery of punitive damages under state law. The district court later amended its order, certifying a controlling question of law to this court under 28 U.S.C. § 1292(b). We...

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