United States Tenth Circuit

In an action based on alleged radiation injuries to residents of a former uranium and vanadium milling town owned and operated by defendants, summary judgment for defendants is affirmed where: 1) plaintiffs' personal-injury claims failed for lack of evidence of factual causation; and 2) plaintiffs' medical-monitoring claims failed for lack of evidence of a "bodily injury" as required by the Price-Anderson Act.

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• J. Mark Englehart, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery, AL, (Rhon E. Jones, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., and J. Douglas McCalla, The Spence Law Firm, LLC, Jackson, WY, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Christopher Landau, Kirkland & Ellis, LLP, Washington, DC, (Daniel J. Dunn, Alan J. Gilbert, Holme Roberts & Owen LLP, Denver, CO, and Michael P. Foradas, P.C., Joel A. Blanchet, John W. Reale, Kirkland & Ellis LLP, Chicago, IL, with him on the brief), for Defendants-Appellees.