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ROBERTS v. U.S.

No. 85-1733.

887 F.2d 899 (1989)

Dorothy ROBERTS, W.C. Shepherd, Robert L. Gee, Carl Stephens, et al., Plaintiffs/Appellants, v. UNITED STATES of America, Defendant/Appellee. Louise NUNAMAKER, Plaintiff/Appellant, v. UNITED STATES of America, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted after Remand February 11, 1988.

Memorandum September 28, 1988.

Order and Opinion October 18, 1989.

Attorney(s) appearing for the Case

Larry C. Johns, Las Vegas, Nev., for plaintiffs/appellants.

Ralph Johnson, Washington, D.C., for defendant/appellee.

Before BROWNING, TANG and BEEZER, Circuit Judges.

OPINION

TANG, Circuit Judge:

The widows of two men who died from leukemia four years after contamination by radioactive fallout produced by the venting of an underground nuclear test, appeal from the district court's judgment in favor of the Government and denial of their motion to reopen the trial in their wrongful death action against the United States brought under the Federal Tort Claims Act (FTCA) 28 U.S.C. §§ 2671-80 (1982). The claims were...

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