No. 86-1619.

877 F.2d 846 (1989)

Patsi AYALA, et al, and Myra Lynn Guthrie, et al, Plaintiffs-Appellants, v. JOY MANUFACTURING COMPANY, et al, Defendants, United States of America, Department of Labor, Mine Safety and Health Administration, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 16, 1989.

Attorney(s) appearing for the Case

David W. Griffith of Williams, Trine, Greenstein & Griffith, P.C., Boulder, Colo., for plaintiffs-appellants.

Brenda Moss Green, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., and Phyllis Jackson Pyles, Sr. Trial Atty., U.S. Dept. of Justice, with her on the brief), Washington, D.C., for defendant-appellee.

Before McKAY, TACHA, and BRORBY, Circuit Judges.

McKAY, Circuit Judge.

On April 15, 1981, fifteen miners were killed in a methane and coal dust explosion in a Colorado coal mine. The plaintiffs alleged that the explosion was caused by the improperly wired lighting system on a continuous mining machine. They further alleged that the Mine Safety Health Administration (MSHA) inspector negligently provided technical assistance on specific wiring connections and that he inspected and failed to detect that the lighting...

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