United States Tenth Circuit

In an action challenging a regulation that interprets the attorney's fee limitations set forth by the Radiation Exposure Compensation Act (RECA), dismissal for failure to state a claim is reversed and remanded where the regulation is contrary to the RECA's plain language and is therefore invalid.

Appellate Information

• Decided 07/05/2007
• Published 07/06/2007

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey Robert White of Center for Constitutional Litigation, P.C., Washington D.C. (J. Keith Killian and Damon J. Davis of Killian, Guthro & Jensen, P.C., Grand Junction, Colorado, with him on the briefs) for Plaintiffs-Appellants.


• For Appellees:
  
• Elizabeth Goitein (Peter D. Keisler and Mark B. Stern, with her on the brief), United States Department of Justice, Civil Division, Washington, D.C., for Defendants-Appellees.