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AYALA v. U.S.

Nos. 91-1340, 91-1390.

980 F.2d 1342 (1992)

Patsy AYALA, Plaintiff-Appellant, and Donna M. Ayala, et al., Plaintiffs, v. The UNITED STATES of America, Defendant-Appellee. Patsy AYALA, et al., Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 25, 1992.

Attorney(s) appearing for the Case

Jean E. Dubofsky of Dubofsky & Phelan, Boulder, Colo., and David W. Griffith, Collbran, Colo. (Mari C. Bush of Williams & Trine, Boulder, Colo., with them on the brief), for plaintiffs-appellants.

Robin D. Smith, Trial Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Civil Div., Michael J. Norton, U.S. Atty., and Phyllis J. Pyles, Asst. Dir. Torts Branch, Civil Div., on the brief), for defendant-appellee.

Before KELLY and McWILLIAMS, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

This action arises out of an explosion in a coal mine on April 15, 1981, near Redstone, Colorado. Fifteen miners were killed in the explosion. The plaintiffs-appellants are relatives of the deceased miners. The sole remaining defendant in the case is the United States. The plaintiffs allege that the United States is liable under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346(b), because the conduct of employees of the...

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