Michelle McMUNN, personal representative of the Estate of Eva Myers; Cara D. Steele; Yvonne Sue Robinson; Edward J. Myers; Levi Daniel Steele; Harold Robinson, et al
v.
BABCOCK & WILCOX POWER GENERATION GROUP, INC.; B&W Technical Services, Inc., fka B&W Nuclear Environmental Services, Inc.; Atlantic Richfield Company, predecessors-in-interest, successors-in-interest, subdivisions and subsidiaries; Babcock & Wilcox Technical Services Group, Inc.
Apollo Facility Plaintiffs, Appellants in Nos. 15-3506, 15-3507, 15-3508, 15-3509, 15-3510, 15-3511, 15-3512, 15-3513, 15-3514, 15-3515, 15-3564, 15-4075, 15-4076, 15-4077, 15-4078, 16-1964 and 16-1965.
Babcock & Wilcox Power Generation Group, Inc. and Babcock & Wilcox Technical Services Group, Inc., Appellants in Nos. 15-3640, 15-3642, 15-3644, 15-3646, 15-3648, 15-3650, 15-3652, 15-3654,15-3656, 15-3658 and 15-3660.
Atlantic Richfield Company, Appellant in Nos. 15-3639, 15-3641, 15-3643, 15-3645, 15-3647, 15-3649, 15-3651, 15-3653, 15-3655, 15-3657 and 15-3659.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Filed: August 23, 2017.
Filed: August 23, 2017.
Attorney(s) appearing for the Case
Louis M. Bograd [ARGUED], Motley Rice, 3333 K Street, N.W., Suite 450, Washington, DC 20007, Jonathan D. Orent , Motley Rice, 321 South Main Street, P.O. Box 6067, Providence, RI 02904, Anne McGinness Kearse , Motley Rice, 28 Bridgeside Boulevard , Mount Pleasant, SC 29464, David B. Rodes , Goldberg Persky & White P.C., 11 Stanwix Street, Suite 1800, Pittsburgh, PA 15222, Counsel for Appellants.
Before: SMITH, Chief Judge, McKEE, and RESTREPO, Circuit Judges
OPINION OF THE COURT
SMITH, Chief Judge, joined by RESTREPO, Circuit Judge, who also joins in the Concurrence.
Plaintiffs assert that they developed cancer1 after being exposed to excessive radiation emissions from the Nuclear Material and Equipment Company ("NUMEC...
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