PRESCOTT v. U.S.

Civ. Nos. S-80-143 RDF, S-78-271 RDF, S-80-380 RDF, S-81-96 RDF, S-81-208 RDF, S-81-594 RDF, S-82-180 RDF, S-82-231 RDF, S-82-651 RDF, S-83-539 RDF and S-83-711 RDF.

724 F.Supp. 792 (1989)

Keith PRESCOTT, Plaintiff, v. UNITED STATES of America, Defendant. Jane M. CRAWFORD Plaintiff, v. UNITED STATES of America, Defendant. Virginia ARP, et al., Plaintiffs, v. UNITED STATES of America, Defendant. William R. ANDREWS, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Robert DICK, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Gloretta V. ANDERSON, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Ronald C. BAIN, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Marjorie E. LEASE, et al., Plaintiffs, v. UNITED STATES of America, Defendant. Nathaniel BARLOW, Jr., et al., Plaintiffs, v. UNITED STATES of America, Defendant. Peggy Irene HOWELL, et al., Plaintiffs, v. UNITED STATES of America, Defendant. June RIDGEWAY, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Nevada.

October 27, 1989.


Attorney(s) appearing for the Case

Johns & Johns, Las Vegas, Nev., Dale Haralson, Haralson, Kinerk & Morey, Tucson, Ariz., and Evan J. Wallach, Lionel, Sawyer & Collins, Las Vegas, Nev., for plaintiffs.

Leon B. Taranto, Torts Branch, Civil Div., U.S. Dept. of Justice, Larry R. Rowe, Trial Atty., U.S. Dept. of Energy, Washington, D.C., and U.S. Atty. Wm. Maddox, and David Moynihan and Ruth Cohn, Asst. U.S. Attys., Las Vegas, Nev., for defendant.

Thorndal, Backus & Maupin, Las Vegas, Nev., for Reynolds Electrical & Engineering.


ORDER DENYING UNITED STATES' MOTION FOR SUMMARY JUDGMENT BASED UPON THE DISCRETIONARY FUNCTION EXCEPTION OF THE FEDERAL TORT CLAIMS ACT

ROGER D. FOLEY, District Judge.

According to the complaints in these consolidated cases, 220 persons were exposed to ionization radiation and sustained serious injuries as the result of exposure to radiation while employed at the Nevada Test Site. This employment of these 220 persons took place over thirty years within which...

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