Legal Opinion

Ayala v. Joy Manufacturing Co.

District Court, D. Colorado

Decided May 9, 1985No. 1:83-cv-00580PublishedCited by 6 opinions

1Opinion of the Court

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.

These actions arise out of an accident which occurred on April 15, 1981, in a mine owned and operated by Mid-Continent Resources, Inc., near Redstone, Colorado. On…

2Cases cited6 opinions

  1. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  2. Donna Hylin, Individually and as Administrator of the Estate of Donald Hylin, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1985
  3. United States v. Consolidation Coal Company, a Corporation, Robert Lasick, Richard Schrickel, Francis Leo Marks, Raymond Zitko, IndividualsCourt of Appeals for the Sixth Circuit · 1977
  4. Donna Hylin, Individually and as Administrator of the Estate of Donald Hylin, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1983
  5. United States v. HylinSupreme Court of the United States · 1984

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3Cited by6 opinions

  1. Patsi Ayala, and Myra Lynn Guthrie v. Joy Manufacturing Company, United States of America, Department of Labor, Mine Safety and Health AdministrationCourt of Appeals for the Tenth Circuit · 1989
  2. Ayala v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  3. Ayala v. United StatesCourt of Appeals for the Tenth Circuit · 1995
  4. Ayala v. United StatesDistrict Court, D. Colorado · 1991
  5. Daniels v. Black Mountain Spruce, Inc.District Court, D. Colorado · 1987

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