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LUJAN v. REGENTS OF UNIVERSITY OF CALIFORNIA

No. 94-2051.

69 F.3d 1511 (1995)

Sonja LUJAN, as Personal Representative of the Estate of Kimberly Lujan, Deceased, Plaintiff-Appellant, v. REGENTS OF the UNIVERSITY OF CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 8, 1995.

Attorney(s) appearing for the Case

Michael G. Elia, Albuquerque, New Mexico, for Plaintiff-Appellant.

Edward Robert Ricco (Bruce Hall and Jonathan W. Hewes with him on the brief) of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico, for Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and JENKINS, Senior District Judge.

JENKINS, Senior District Judge.

The plaintiff brought this action to recover for the death of her daughter, allegedly as a result of exposure to radioactive and other hazardous substances released into the environment from the Los Alamos National Laboratory. The district court held that the plaintiffs state-law claims were subsumed into her so-called public liability claim under the federal Price-Anderson Act and that the plaintiff's public liability claim was untimely...

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