ARAGON v. U.S.

No. 97-2047.

146 F.3d 819 (1998)

Domingo ARAGON; Eva Aragon; Lewis Audet; Anne Audet; Virginia Bartlett; Bob C. Beck; Inez Beck; Billy Brown; Christa Brown; Clemente Cabrioles; Manuel Cereceres; Rosemary Dean; Eva Gomez; Ethel Logan; Carey Logan; Benito Martinez; Epifania Martinez; M.C. McDonald; Shirley McDonald; Tom Maggart, Jr.; Steve Oldfield; Tammy Oldfield; G.R. Partin; Molly Partin; Richard Prescott; Roy Prescott; Frank Rhymes; Rita Rhymes; Fern Rowden; Darryl Samples; Mary Samples; Rosalinda Sosa; Joe Torres; Destry Tucker; Dana Tucker, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 23, 1998.


Attorney(s) appearing for the Case

Richard A. Blenden (Daniel R. Dolan and Pete V. Domenici, Jr. of Dolan & Domenici, Albuquerque, New Mexico, with him on the brief) Blenden Law Firm, Carlsbad, New Mexico, for Plaintiff-Appellants.

S. Michael Scadron (Frank W. Hunger, Assistant Attorney General; John J. Kelly, United States Attorney; John Zavitz, Assistant United States Attorney; and J. Patrick Glynn, Joann J. Bordeaux, David S. Fishback, and J. Charles Kruse of the Department of Justice with him on the brief) Department of Justice, Washington, DC, for Defendant-Appellee.

Before TACHA, BRORBY, and BRISCOE, Circuit Judges.


BRORBY, Circuit Judge.

The plaintiffs-appellants, Mr. Domingo Aragon and other landowners residing southeast of the former Walker Air Force Base ("Plaintiffs"), filed a tort action pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-2680, alleging negligence and negligence per se relating to the contamination of their residential water wells.1 The Government answered the complaint and filed a motion to dismiss...

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