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.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
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Opinion Withdrawn September 19, 2001.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.
Attorney(s) appearing for the Case
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 California Chamber of Commerce, The American Chemistry Council, The National Association of Manufacturers, Philips Petroleum and Pfizer, Inc., in support of the defendants-appellees.
Charles F. Rysavy, McCarter & English, Neward, New Jersey, for amici American Public Power Association, Edison Electric Institute, National Rural Electric Cooperative Association, and Nuclear Energy Institute, in support of the defendants-appellees.
Martin S. Kaufman, Atlantic Legal Foundation, New York, New York, for amici Robert K. Adair, Bruce N. Ames, D. Allan Bromley, Patricia A. Buffler, Bernard Cohen, Bernard Gittelman, Sheldon Lee Glashow, Michael Gough, Ronald Hart, Dudley Herschbach, Lawrence Litt, A. Alan Moghissi, Rodney W. Nichols, Robert V. Pound, Norman Ramsey, Joseph P. Ring, Frederick Seitz, Edward Thorndike, Lynn H. Verhey and James D. Watson, in support of the defendants-appellees.
Before: Robert Boochever, Michael Daly Hawkins, and Sidney R. Thomas, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted February 10, 2000 — Pasadena, California.
Argued on Rehearing and Submitted April 26, 2001 — San Francisco, California.
OPINION
PER CURIAM:
This appeal requires us to examine California tort and products liability law as made expressly applicable to actions in federal court for claims of injury arising out of nuclear power plant incidents. Specifically, we must decide whether the district court erred in...
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