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ALLEN v. U.S.

No. 84-2126.

816 F.2d 1417 (1987)

Irene H. ALLEN, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 20, 1987.

Attorney(s) appearing for the Case

Marc Johnston, Appellate Staff Atty., Civ. Div., Dept. of Justice (Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan, Appellate Staff Atty., Civ. Div., Dept. of Justice, Brent D. Ward, U.S. Atty., Henry A. Gill, Acting Asst. Gen. Counsel, and Edward Jiran, Atty., Dept. of Energy, Ralph H. Johnson, Pamela L. Wood, and Patrick O. Cavanaugh, Trial Attys., Torts Branch, Civ. Div., Dept. of Justice, with him on the brief), Washington D.C. for defendant-appellant.

Dale Haralson of Haralson, Kinerk & Morey, Tucson, Ariz., and Ralph E. Hunsaker of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz. (Denneen L. Peterson of Haralson, Kinerk & Morey, David M. Bell and Scott E. Boehm of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beashears, Stewart L. Udall of Beer and Toone, Phoenix, Ariz., J. MacArthur Wright of Wright & Miles, St. George, Utah, with them on the brief), for plaintiffs-appellees.

Before McKAY, SETH, and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

In this action under the Federal Tort Claims Act, see 28 U.S.C. §§ 1346(b), 2401(b), 2671-80, nearly 1200 named plaintiffs have sued the United States, alleging some 500 deaths and injuries as a result of radioactive fallout from open-air atomic bomb tests held in Nevada in the 1950s and 1960s. The district court selected and tried twenty-four "bellwether" claims, in order to find a common framework for the rest.

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