COTRONEO v. SHAW ENVIRONMENT & INFRASTRUCTURE

No. 07-20939.

639 F.3d 186 (2011)

Dominic COTRONEO; Arthur Anillo; Alan Danford; Jack Broday; Vanessa Dougherty; Tanya French; Joseph Garcia; Duane Gills; Alex L. Luna; John McBryde; Aaron Merkel; Steven Norris; Tim Petrie; Angelia Renee Toole; Dustin Gills; Michael Wright, Plaintiffs-Appellees, Cross-Appellants, v. SHAW ENVIRONMENT & INFRASTRUCTURE, INC.; Gerald J. Joy; Barbara Reider; Peter Chin; Butch Daniels; John McGowan; Serafin C. Munoz, Jr.; Renee Garo; David Duncan; James Langsted; Shaw Environmental, Inc., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 14, 2011.


Attorney(s) appearing for the Case

Linda Radko Shaw (argued), Alan Jon Knauf , Amy Lynn Reichhart , Knauf Shaw, L.L.P., Rochester, NY, for Plaintiffs-Appellees, Cross-Appellants.

Ellen Kittredge Scott (argued), Pepper Hamilton , Philadelphia, PA, John Kevin Spiller , William A. Worthington, III , Strasburger & Price, L.L.P., Houston, TX, for Defendants-Appellants, Cross-Appellees.

Before KING, DENNIS and ELROD, Circuit Judges.


DENNIS, Circuit Judge:

The plaintiffs in this case, workers who were employed in cleaning up radioactive materials, alleged that they were harmed by excessive exposure to radiation at a Texas work site and brought a tort claim suit in a New York state court against their employer and supervisors under the Price-Anderson Act, 42 U.S.C. § 2011 et seq. ("the PAA"), and Texas state law. Under the explicit removal provision of the PAA, 42 U.S.C. § 2210...

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