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AYALA v. U.S.

No. 94-1093.

49 F.3d 607 (1995)

Patsy AYALA, Donna M. Ayala, Daisy M. Ayala, Dion W. Ayala, By and Through their mother and next of friend, Patsy Ayala, Sylvia Cook, Kyle D. Cook, Jr.; Donna Cook, Angela Cook, Sheryl Lucero Steiner; Travis Lucero, By and Through his mother and next of friend, Sheryl Lucero Steiner; Pamela Mead, Jesse L. Mead, Evan K. Mead; Kraig N. Mead, Brian T. Mead, By and Through their mother and next of friend, Pamela Mead; Shay Tamar Tucker, By and Through her mother and next friend, Joy L. Jameson; Robert James Tucker, Paul Elliot Tucker, Karen Greene; Raymond L. Patch, Personal Representative of the Estates of Loretta M. Patch and Brenda Louise Patch; Rodney Allen Patch, Michael Kent Patch; Stacey Marie Patch, By and Through her conservator and next friend, Raymond L. Patch; Cheryl Sharp Clegg; Wendy I. Sharp, Glen W. Sharp, Amy E. Sharp, James E. Sharp, By and Through their mother and next friend, Cheryl Sharp Clegg; Linda Vetter Granato; Jennifer K. Vetter, Michael T. Vetter, By and Through their mother and next friend, Linda Vetter Granato; Judy Inez Guthrie, Myra Lynn Guthrie; Patricia Kathleen Guthrie, By and Through her mother and next friend, Judy Inez Guthrie, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 9, 1995.

Attorney(s) appearing for the Case

David W. Griffith, Worrell, Griffith, Durrett & Jaynes, P.C., Glenwood Springs, CO (Karen S. Renne, Denver, CO, with him on the briefs), for plaintiffs-appellants.

Robin D. Smith, Trial Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Civil Div., Henry L. Solano, U.S. Atty., Phyllis J. Pyles, Asst. Director, Torts Branch, Civil Div., with him on the briefs), for defendant-appellee.

Before TACHA, Circuit Judge, McWILLIAMS, and BARRETT, Senior Circuit Judges.

TACHA, Circuit Judge.

This case originates from a wrongful death action brought by the families of fifteen miners who were killed in an underground mine explosion near Redstone, Colorado, on April 15, 1981. Dutch Creek No. 1 mine was owned and operated by Mid-Continent Resources, Inc. (Mid-Continent). The case has a long litigation history, including two previous appearances before this court.1 Of the numerous claims originally filed in...

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