Stuart SATSKY; Wendy A. Satsky; Gary L. Hand; Patricia K. Hand; Darryl J. Bangert; Eagle River White Water, Inc., a Colorado corporation; Mark C. Lokay, also known as Vail Fishing Guides; Gore Creek Flyfisherman, Inc., a Colorado corporation; Beaver Creek Flyfisher, a Division of Gore Creek Flyfisherman, Inc., on their own behalf and as representatives of a class of similarly situated individuals, residents, property owners, and operators of businesses, Plaintiffs-Appellants,
v.
PARAMOUNT COMMUNICATIONS, INC., a Delaware Corporation, Defendant-Appellee,
Natural Resources Defense Council, Colorado Trial Lawyers Association, State of Colorado, State of California, State of Kansas, State of Montana, State of Nevada, State of New Mexico, State of Oklahoma, State of Utah, State of Washington, State of Wyoming, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 24, 1993.
September 24, 1993.
Attorney(s) appearing for the Case
Herbert Anthony Delap of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, Denver, CO, for plaintiffs-appellants.
Neil Peck (Thomas S. Nichols, Gail L. Wurtzler, and Karen L. Page, with him on the brief) of Davis, Graham & Stubbs, Denver, CO, for defendant-appellee.
James R. May, Sp. Cooperative Counsel, Widener University School of Law, Wilmington, DE, Larry Trattler of Malman, Trattler & Dehncke, Denver, CO, and Priscilla Budeiri and Arthur Bryant, Trial Lawyers for Public Justice, P.C., Washington, DC, filed brief for amicus curiae Natural Resources Defense Council.
Kevin S. Hannon of The Firm of Kevin S. Hannon, Denver, CO, filed a brief for amicus curiae Colorado Trial Lawyers Ass'n.
Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Casey A. Shpall, First Asst. Atty. Gen., Mary Capdeville and Stephen M. Brown, Asst. Attys. Gen., CERCLA Litigation Unit, Natural Resources Section, Denver, CO, for amicus curiae State of Colo. (With them on the brief for amici curiae: Daniel E. Lungren, Atty. Gen., Roderick E. Walston, Chief Asst. Atty. Gen., Theodora Berger, Asst. Atty. Gen., and Brian Hembacher and Sara Russell, Deputy Attys. Gen., Sacramento, CA, for State of Cal. Robert T. Stephan, Atty. Gen., Topeka, KS, for State of Kan. Mark Racicot, Atty. Gen., Helena, MT, for State of Mont. Frankie Sue Del Papa, Atty. Gen., Carson City, NV, for State of Nev. Tom Udall, Atty. Gen., Santa Fe, NM, for State of N.M. Susan Brimer Loving, Atty. Gen., Oklahoma City, OK, for State of Okl. Paul Van Dam, Atty. Gen., Salt Lake City, UT, for State of Utah. Kenneth O. Eikenberry, Atty. Gen., James K. Pharris, Sr. Asst. Atty. Gen., and Jay J. Manning, Asst. Atty. Gen., Olympia, WA, for State of Wash. Joseph B. Meyer, Atty. Gen., Cheyenne, WY, for State of Wyo.)
Before SEYMOUR, MOORE, and ANDERSON, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Plaintiffs brought this diversity action against Paramount Communications, Inc. (Paramount) alleging a variety of private property claims. They contend that Paramount's operation of a mine produced hazardous waste that was disposed of in a manner that damaged their property and livelihoods.1 The district court held that certain of plaintiffs' claims were barred under the doctrine of res judicata by a consent decree...
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