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GARCIA v. U.S. AIR FORCE

No. 07-2106.

533 F.3d 1170 (2008)

Dennis Dionicio GARCIA as personal representative of the estate of Marcelino Garcia, deceased; Inez Maria Garcia, individually and jointly as parents and next friends of Deja Bonet Garcia and Nicolas Dionicio Garcia, minors, Plaintiffs-Appellants, v. UNITED STATES AIR FORCE; James G. Roche, Secretary of the United States Air Force; Chenenga Management, LLC; Northeast Construction Company of Nevada; John Doe, Contractor, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Jennifer Rozzoni (A. Brent Bailey of Dixon, Scholl & Bailey, P.A., on the briefs), Albuquerque, NM, for Plaintiffs-Appellants.

Adam M. Dinnell, Trial Attorney, Civil Division, Torts Branch, Environmental Torts Section, U.S. Department of Justice (and Gay E. Kang; Peter D. Keisler, Assistant Attorney General, Civil Division; J. Patrick Glynn, Director, Torts Branch; Joann J. Bordeaux, Deputy Director; David S. Fishback, Assistant Director; on the brief) Washington, D.C., for Defendant-Appellee.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiffs (the "Garcias") brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base ("HAFB") in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and that the government was negligent in failing...

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