The BUILDING AND CONSTRUCTION DEPARTMENT; AFL-CIO; The Colorado Building and Construction Trades Council; Patrick F. Kelly and Virgil A. Owen, individually, and as representatives of a class of all former employees of Rocky Flats Nuclear Weapons Plant, and John M. Amador, Jack D. Bloom, Roger Saxton, individually, and as representatives of a class of the members of The Colorado Building and Construction Trades Council, Plaintiffs-Appellants,
v.
ROCKWELL INTERNATIONAL CORPORATION, a Delaware corporation; and The Dow Chemical Company, a Delaware corporation, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 26, 1993.
Rehearing Denied December 20, 1993.
Attorney(s) appearing for the Case
Ronald Simon (Bruce H. DeBoskey and Steven W. Kelly, of Silver & DeBoskey, P.C., Denver, CO, Merrill Davidoff, Daniel Berger, Peter Nordberg, and Andrew Brenner, of Berger & Montague, P.C., Philadelphia, PA, and Stanley M. Chesley, Louise Roselle, and Paul DeMarco, of Waite, Schneider, Bayless & Chesley, Cincinnati, OH, with him on the briefs), of Connerton, Ray and Simon, Washington, DC, for plaintiffs-appellants.
David M. Bernick (Michael R. Power, of Kirkland & Ellis, Chicago, IL, Mark S. Lillie, of Kirkland & Ellis, Denver, CO, and Louis W. Pribila, Alfred E. Schretter, and Sydney Rooks, of The Dow Chemical Co., Midland, MI, on the brief), of Kirkland & Ellis, Chicago, IL, for defendant-appellee The Dow Chemical Co.
John D. Aldock (Joseph J. Bronesky, of Sherman & Howard, Denver, CO, and Franklin D. Kramer and Mark S. Raffman, of Shea & Gardner, Washington, DC, with him on the brief), of Shea & Gardner, Washington, DC, for defendant-appellee Rockwell Intern. Corp.
Bruce H. DeBoskey and Steven W. Kelly, of Silver & DeBoskey, P.C., Denver, CO, Stanley M. Chesley, of Waite, Schneider, Bayless & Chesley Co., L.P.A., Cincinnati, OH, Merrill G. Davidoff, Daniel Berger and Peter Nordberg, of Berger & Montague, P.C., Philadelphia, PA, and Ronald Simon, of Connerton, Ray & Simon, Washington, DC, on the joint brief on mootness, for plaintiffs-appellants.
David M. Bernick, Mark S. Lillie and Lester C. Houtz, of Kirkland & Ellis, Joseph J. Bronesky and Christopher Lane, of Sherman & Howard, Denver, CO, and Franklin D. Kramer and Patrick M. Hanlon, of Shea & Gardner, Washington, DC, on the joint brief on mootness, for defendants-appellees.
Before MOORE and TACHA, Circuit Judges, and HUNTER, District Judge.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
Plaintiffs appeal the district court's grant of summary judgment dismissing their claims for medical monitoring brought under the Price-Anderson Act. The district court held that such claims were barred under the exclusivity provisions of the Colorado Workmen's Compensation Act. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court's grant of summary judgment for defendants.
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