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FOUNTAIN v. UNITED STATES

No. 80-5092.

533 F.Supp. 698 (1981)

Jeff Allen FOUNTAIN and Benita B. Fountain, Husband and Wife, Plaintiffs, v. UNITED STATES of America, Harold Brown, Clifford L. Alexander, W. Graham Claytor, Charles E. Wilson, Max Clelland and Certain Additional Past and Present Officers and Officials of the United States Department of Defense, the Department of the Army, the Department of the Navy, the Atomic Energy Commission, the United States Army, the Veterans Administration, and the United States Navy, Whose Names will be Inserted When Ascertained, each Individually and in His Official Capacity, Defendants.

United States District Court, W. D. Arkansas, Fayetteville Division.

December 17, 1981.

Attorney(s) appearing for the Case

Charles E. Davis, Davis, Bracey & Heuer, Springdale, Ark., for plaintiffs.

Larry R. McCord, U.S. Atty., Fort Smith, Ark., and Bruce E. Titus, Asst. Director, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., for defendants.

MEMORANDUM OPINION

WATERS, Chief Judge.

This action arises from the government's testing of atom bombs in Nevada in the 1950's. The plaintiff, Jeff Allen Fountain, contends he had contracted leukemia because the government knowingly and intentionally subjected him to a nuclear explosion to determine the harmful effects of radiation. The case is before the court on the motion to dismiss of the United States, Harold Brown, Clifford Alexander, W. Graham Claytor...

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