Joe Kennedy v. Southern California Edison Company

268 F.3d 763 (9th Cir. 2001) JOE KENNEDY, AS SUCCESSOR IN INTEREST AND A PERSONAL REPRESENTATIVE OF THE ESTATE OF ELLEN MARIE KENNEDY; SHAWN KENNEDY; ERIC KENNEDY; SHANNON KENNEDY, BY AND THROUGH HER PARENT AND GUARDIAN JOE KENNEDY; AND CHAD KENNEDY, BY AND THROUGH HIS PARENT AND GUARDIAN JOE KENNEDY, PLAINTIFFS-APPELLANTS, v. SOUTHERN CALIFORNIA EDISON COMPANY; COMBUSTION ENGINEERING, INC., DEFENDANTS-APPELLEES. No. 98-56157 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted February 10, 2000 Opinion Filed July 20, 2000 Opinion Withdrawn September 19, 2001 Argued on Rehearing and Submitted April 26, 2001 Filed September 26, 2001 [Copyrighted Material Omitted] Suzelle M. Smith (argued) and Don Howarth, Howarth & Smith, Los Angeles, California, for the plaintiffs-appellants. John A. Reding (argued) and Ned N. Isokawa, Paul, Hastings, Janofsky & Walker, San Francisco, California, for the defendants-appellees. Alfred R. Mollin (argued), U.S. Department of Justice, Washington, D.C., for amicus United States in support of the defendants-appellees. Robert W. Loewen, Gibson, Dunn & Crutcher, Irvine, California, for amici Lockheed Martin Corporation, The…