United States Tenth Circuit

In a wrongful death case under the Federal Tort Claims Act, judgment in favor of plaintiff is vacated and remanded for supplemental findings on whether, under Oklahoma law, plaintiffs suffered emotional distress.

Appellate Information

• Decided 02/04/2005
• Published 02/04/2005

Judges

• TYMKOVICH, Circuit Judge., Before O'BRIEN, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael E. Robinson, Department of Justice (Robert D. McCallum, Jr., Assistant Attorney General, Robert G. McCampbell, United States Attorney, and Robert S. Greenspan, Attorney, Department of Justice, with him on the briefs), Washington, D.C., for Defendants-Appellants/Cross-Appellees United States of America, Department of Justice, Federal Bureau of Prisons, and Federal Bureau of Investigations, and for Amicus Curiae United States in support of Stuart Lee., Robert D. Baron (Gloyd McCoy with him on the brief), Coyle, McCoy & Burton, Oklahoma City, OK, for Defendant-Appellant/Cross-Appellee Stuart Lee., Charles P. Sampson, Suitter Axland (Joe B. Reynolds and R. Scott Adams, Adams & Associates, Oklahoma City, OK, with him on the briefs) Salt Lake City, UT, for Plaintiffs-Appellees/Cross-Appellants., Barry W. Nance, Kenneth R. Nance, filed a brief for Cross-Appellee Kenneth Freeman.