DODGE v. COTTER CORP

Nos. 99-1178, 99-1199.

203 F.3d 1190 (2000)

Joseph DODGE, individually and as personal representative of the Estate of Thelma Dodge; Rocky Mountain Equestrian Center, Inc.; Patrick Shane Dodge; Connie Dodge; Nathan Dodge, Leslie Dodge, Bryan Dodge, and Patrick Dodge, minors, by and through their parents and next friends, Patrick Shane Dodge and Connie Dodge; Yvonne Pegararo; Noah Welch, and Jeremiah Welch, minors, by and through their parent and next friend Yvonne Pegararo; Rhonda Butson; Daniel Slanovich; Gus Slanovich; Chandler Creek Companies; Donald Luna; Sonja Luna; Brett Luna; James Blue, individually and as personal representative of the Estate of Virginia Blue; Edna Blue; Russell Jewett; Bonita Jewett; Shirley Bickett; John Bickett; Richard Janitell; Ralph Janitell; John Pinell; Emma Pinell; James L. Treat; Aspen Trust; Nard Claar; Sara Claar; Ruth Quick Johnson; Mike Hadley; Katherine Hadley; Linda Johnson; Alicia Johnson and Blaine Johnson, minors by and through their mother and next friend Linda Johnson; Julie Ann Wright; Jennifer Wright and Nicole Wright, minors by and through their mother Julie Ann Wright, and Canon Farms Trust, Plaintiffs, Desiree Chrysler; Daniel Chrysler; August Chrysler, and Clayton Chrysler, minors, by and through their parents and next friends, Desiree Chrysler and Daniel Chrysler; Norman Platt, individually and as personal representative of the Estate of Dorothy Platt; Bruce Hadley; Virginia Hadley; Jack Hadley; Shaylee Hadley; Kim Myers; Sid Myers; Casey Myers and Chad Myers, minors by and through their parents and next friends Kim Myers and Sid Myers, Plaintiffs-Appellees and Cross-Appellants, v. COTTER CORPORATION, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 2000.


Attorney(s) appearing for the Case

John L. Watson (Marsha M. Piccone, W. David Byassee, and Mark T. Barnes with him on the briefs), Freeborn & Peters, Denver, Colorado, for Defendant-Appellant.

Suzelle M. Smith (Don Howarth with her on the briefs), Howarth & Smith, Los Angeles, California, for Plaintiffs-Appellees.

Before BALDOCK, PORFILIO, and MURPHY, Circuit Judges.


PORFILIO, Senior Circuit Judge.

In 1958, Cotter Corporation, a subsidiary of the Commonwealth Edison Company of Illinois, began operating a uranium mill near Canon City, Colorado, extracting uranium from ore by an alkaline leach process. The two types of waste produced by that process, tailings, dust-like particles of ore, and raffinate, liquid recovered from the uranium extraction solutions, eventually contaminated the area, including the semi-rural community of...

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