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WILCOX v. HOMESTAKE MINING CO.

No. CIV-04-534JCWDS.

401 F.Supp.2d 1196 (2005)

Claude WILCOX, as personal representative of the Estate of Harriet Wilcox, deceased; Trinity Scott, as personal representative of the Estate of Marcella Marie Hartman, deceased; Kristen Bonham, as personal representative of the Estate of Daisy Randall Crawford, deceased; Betty Cagle; Sherry Cruz; Bryan Cruz, Mary Ann Daniel; Alpha Darby; Debra Quinn Darby, Cathey Darby, as natural parent and next friend of Jandell Darby; Robert Lee Darby; Samantha Ebberts; Robert Foust; Helen Reed Frazier; Wanda Gregory; Rhonda Quinn Hawkins; Shannon Howard; Rhonda Knotts; Eunice Quinn; Lorraine Rowland; Connie Foust Royal; Darlene Cowert Serna; Amanda Wilcox; Dwayne Wilcox; Randall Wilcox and Susie Wilcox, Plaintiffs, v. HOMESTAKE MINING COMPANY, a Delaware corporation; Homestake Mining Company of California, a California corporation; Doe Corporations I-XX and Doe Partnerships I-XX, Defendants.

United States District Court, D. New Mexico.

November 15, 2005.

Attorney(s) appearing for the Case

Roy A. Jacobson, Jr., The Spence Law Firm, Spence, Shockey, & McCalla, Jackson, Wyoming, Rebecca A. Lorenz, Melat, Pressman & Higbie, LLP, Colorado Springs, Colorado, Michael Alarid, Jr., Jason M. Alarid, The Alarid Law Firm, P.C., Albuquerque, New Mexico, for Plaintiffs.

Daniel J. Dunn, Henry W. Ipsen, Matthew J. Lepore, Geoffrey M. Barry, Holme, Roberts & Owen, LLP, Denver, Colorado, John J. Indall, Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, New Mexico, for Defendants.

MEMORANDUM OPINION AND ORDER

CONWAY, Senior District Judge.

THIS MATTER comes before the Court upon Defendants' Motion to Dismiss and Strike, filed October 28, 2004 (Doc. 13). This motion is filed pursuant to Fed. R. Civ. P. 12(b)(6) and 9(b). Defendants move to dismiss and/or strike on the following grounds: 1) Plaintiffs' state law causes of action are preempted by the Price-Anderson Act; 2) Plaintiffs' causes of action fail to state a claim...

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