1. Home
  2. Browse Decisions
  3. F.3d
  4. 328 F.3d
  5. 328 F.3d 1212 (2003)
 

DODGE v. COTTER CORP.

Nos. 01-1197, 01-1236, 01-1591 and 02-1008.

328 F.3d 1212 (2003)

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

United States Court of Appeals, Tenth Circuit.

April 22, 2003.

Attorney(s) appearing for the Case

William A. VonHoene, Exelon Business Services Company, Chicago, IL (John L. Watson, Esq., Paul F. Lewis, Esq., Jerry N. Jones, Esq., Rebecca L. Crotty, Esq., Dianne M. Kueck, Esq., of Moye, Giles, O'Keefe, Vermeire & Gorrell LLP, Denver, CO, Barry Levenstam, Esq., Jenner & Block, LLC, Chicago, IL, on the briefs), for Defendant-Appellant/Cross-Appellee.

Don Howarth, Esq. (Suzelle M. Smith, Esq., Irene Viksman Flores, Esq., Darcy R. Harris, Esq., of Howarth & Smith, Los Angeles, CA, with him on the brief), for Plaintiffs-Appellees/Cross-Appellants.

Before KELLY and O'BRIEN, Circuit Judges, and EAGAN, District Judge.

PAUL KELLY, JR., Circuit Judge.

Background

I. Factual Background

This appeal represents our fourth review of the contentious litigation springing from a uranium mill operated in south central Colorado by the Cotter Corporation ("Cotter"). In light of our previous discussion of the background of these actions in Dodge v. Cotter Corp., 203 F.3d 1190 (10th Cir.2000) ("Dodge I"), we present...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases