UNITED STATES of America, ex rel. Virginia Belle STONE, personal representative of the Estate of James S. Stone, and United States of America, Plaintiffs-Appellees and Cross-Appellants,
v.
ROCKWELL INTERNATIONAL CORPORATION, and Boeing North American, Inc., Defendants-Appellants and Cross-Appellees.
American Hospital Association, National Defense Industrial Association, Electronic Industries Alliance, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 18, 2007.
June 18, 2007.
Attorney(s) appearing for the Case
Christopher J. Koenigs (Michael A. Williams and Michael B. Carroll, with him on the briefs) of Williams, Youle & Koenigs, P.C., Denver, CO, for the Appellants/Cross-Appellees Rockwell International Corp. and Boeing North American, Inc.
Maria L. Vullo (Robert E. Montgomery, Jr., Matthew Chavez, Jeannie S. Kang, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY; Hartley D. Alley, Wheat Ridge, Colorado, with her on the briefs) of Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Appellee/Cross-Appellant James S. Stone.
Peter R. Maier, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, D.C., (David W. Ogden, Acting Assistant Attorney General, Douglas N. Letter, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, D.C.; Thomas L. Strickland, United States Attorney, Denver, CO, with him on the briefs), for the Appellee/Cross-Appellant United States of America.
Herbert L. Fenster, C. Stanley Dees, Mark R. Troy, McKenna & Cuneo, L.L.P., Denver, CO; Maureen D. Mudron, American Hospital Association, Washington D.C., filed a brief on behalf of the Amici Curiae, American Hospital Association, National Defense Industrial Association, Electronic Industries Alliance.
Before BRISCOE, HOLLOWAY, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
ORDER ON REMAND FROM THE UNITED STATES SUPREME COURT S.Ct. No. 05-1272
BRISCOE, Circuit Judge.
This case is before us after the Supreme Court granted Rockwell International Corporation's petition for writ of certiorari and reversed the portion of our prior judgment in favor of plaintiff James S. Stone. Rockwell Int'l Corp. v. United States, ___ U.S. ___, 127 S.Ct. 1397, 167 L.Ed.2d 190 (2007). Consistent with the Supreme Court's decision, we AFFIRM...
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