Phillips

Phillips v. E.I. Dupont De Nemours & Co.

Good Law
534 F.3d 986·2008 U.S. App. LEXIS 16248
United States Court of Appeals for the Ninth CircuitAugust 14, 2007Nos. 05-35648, 05-35651, 05-35678, 05-35866, 05-35892, 05-35895, 06-35165California12,209 words

Opinion

Lead Opinion

Schroeder, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The mandate of this court, issued on April 14, 2008, is recalled. Our earlier order amending the opinion contained an inadvertent error. The opinion in this matter, filed August 14, 2007, amended on April 4, 2008, and published at In re Hanford Nuclear Reservation Litigation, 521 F.3d 1028 (9th Cir.2008), is amended as follows: Delete the paragraph beginning on slip op. p. 3624 and concluding on p. 3625.

No subsequent petition for rehearing or rehearing en banc may be filed. The mandate shall issue in due course.

OPINION

I. Introduction.

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively “Defendants”) to operate the Han-ford Nuclear Weapons Reservation (“Han-ford”) in southeastern Washington. The Hanford Reservation was a plutonium-production facility that helped make the atomic bomb that dropped on Nagasaki, Japan in World War II.

A regrettable Hanford byproduct was the radioiodine…

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