Roberts v. United States

85 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Randall ROBERTS, as representative for Plaintiff-Appellant Dorothy Roberts; Frederick Nunamaker, as representative for Plaintiff-Appellant Louise Nunamaker; * W.C. Shepherd; Robert L. Gee; Carl Stephens, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 85-1733. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1996. Decided May 9, 1996. 1 Before: BROWNING, BEEZER and FERNANDEZ, ** Circuit Judges. 2 MEMORANDUM *** 3 Harley Roberts and William Nunamaker died from leukemia in 1974 after being exposed to radioactive fallout from the venting of an underground nuclear test (code-named "Baneberry") in 1970. The legal representatives of their deceased widows (collectively "Roberts") appeal from the district court's entry of judgment for the United States. The district court found that although the Government had acted negligently, the radiation from the…