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PRESCOTT v. U.S.

No. CV-S-80-143-PMP (LRL).

858 F.Supp. 1461 (1994)

Keith L. PRESCOTT, Plaintiff, v. UNITED STATES of America, Defendant. And All Consolidated Cases.

United States District Court, D. Nevada.

July 19, 1994.

Attorney(s) appearing for the Case

Dale Haralson, Tucson, AZ, Alan R. Johns, Larry C. Johns, Las Vegas, NV, Stewart L. Udall, Santa Fe, NM, for plaintiff.

James G. Touhey, Jr., Mary Jo Donahue and Bertha R. Mitrani, Trial Attys., Ralph H. Johnson and Leon B. Taranto, Sp. Attys., Torts Branch, U.S. Dept. of Justice, Washington, DC, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PRO, District Judge.

I.

PRELIMINARY STATEMENT

These consolidated actions arise from the United States' alleged negligence in protecting workers engaged in atmospheric and underground nuclear testing at the Nevada Test Site ("NTS") between January 1951 and February 1981. Plaintiffs allege jurisdiction pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 1402(b...

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