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BAYLESS v. U.S.

No. 12-4120.

749 F.3d 1235 (2014)

Carolyn BAYLESS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and United States Army; Karol Ripley, Lt. Col. Commander Tooele Army Depot; Deseret Chemical Depot, Commander, Attn: AMSSBODC; Fort Myer Military Community, Office of the Claims Judge Advocate; United States Army Legal Services Agency; Derek Shoup, Office of the Staff Judge Advocate, Defendants.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 2014.

Attorney(s) appearing for the Case

Kimberly M. Hult of Hutchinson Black and Cook, LLC, Boulder, CO ( Keith M. Edwards of Hutchinson Black and Cook, LLC, Boulder, CO; and Steve Russell , Grand County Law & Justice Center, P.C., Moab, UT, with her on the briefs), for Appellant.

Jeffrey E. Nelson , Assistant United States Attorney ( David B. Barlow , United States Attorney, with him on the brief), Salt Lake City, UT, for Appellee.

Before HARTZ and TYMKOVICH, Circuit Judges, and JACKSON, District Judge.

JACKSON, District Judge.

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating illness. As her condition deteriorated over the years that followed, she doggedly sought to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this lawsuit followed in 2009, the Army responded...

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