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AYALA v. JOY MFG. CO.

Civ. A. Nos. 83-JM-580, 82-JM-1907.

610 F.Supp. 86 (1985)

Patsi AYALA, et al., Plaintiffs, v. JOY MANUFACTURING COMPANY, a Pennsylvania corporation, et al., Defendants. Myra Lynn GUTHRIE, et al., Plaintiffs, v. JOY MANUFACTURING COMPANY, et al., Defendants.

United States District Court, D. Colorado.

May 9, 1985.

Attorney(s) appearing for the Case

JWN, P.C. by James W. Nearen, Jr., Englewood, Colo., for plaintiffs.

Hall & Evans by James A. Ruf, Bruce A. Menk, Denver, Colo., for defendant Joy Mfg. Co.

Wood, Ris & Hames by Bruce F. Fest, Denver, Colo., for defendant Service Machine Corp.

Madden and Strate, P.C. by William J. Madden, Wheat Ridge, Colo., for defendant Mine Safety Appliance Co.

Office of the U.S. Atty. by Daniel S. Maus, Henry L. Solano, Asst. U.S. Atty., Denver, Colo., Brenda Moss Green, Trial Atty., Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for defendant U.S.

Fortune & Lawritson, P.C. by Lowell Fortune, Jon L. Lawritson, Denver, Colo., for defendant McJunkin Corp.

Zarlengo, Mott and Zarlengo by Lynn P. Lyon, Albert E. Zarlengo, Denver, Colo., for defendant Bacharach Instrument Co.

ORDER

JOHN P. MOORE, District Judge.

This matter is before me on defendant United States of America's motion to dismiss plaintiffs' second amended complaint under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. The issues presented have been fully briefed by the parties and oral argument would not serve to aid the court in resolving the questions presented. Jurisdiction is based both on 28 U.S.C. §§ 1331 and 1332.

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