《July 15, 2008》.pdfVIP

FILED United States Court of Appeals Tenth Circuit July 15, 2008 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT DENNIS DIONICIO GARCIA as personal representative of the estate of Marcelino Garcia, deceased; INEZ MARIA GARCIA, individually and jointly as parents and next friends of Deja Bonet Garcia and Nicolas Dionicio Garcia, minors, No. 07-2106 Plaintiffs - Appellants, v. UNITED STATES AIR FORCE; JAMES G. ROCHE, Secretary of the United States Air Force; CHENENGA MANAGEMENT, LLC; NORTHEAST CONSTRUCTION COMPANY OF NEVADA; JOHN DOE, Contractor, Defendants, and UNITED STATES OF AMERICA, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO (D.C. Nos. 04-CV-498-RB-LCS and 04-CV-499-RB-LCS) Jennifer Rozzoni (A. Brent Bailey of Dixon, Scholl Bailey, P.A., on the briefs), Albuquerque, New Mexico, for Plaintiffs - Appellants. Adam M. Dinnell, Trial Attorney, Civil Division, Torts Branch, Environmental Torts Section, U.S. Department of Justice (and Gay E. Kang; Peter D. Keisler, Assistant Attorney General, Civil Division; J. Patrick Glynn, Director, Torts Branch; Joann J. Bordeaux, Deputy Director; David S. Fishback, Assistant Director; on the brief) Washington, D.C., for Defendant - Appellee. Before KELLY, LUCERO , and HARTZ, Circuit Judges. KELLY,