Legal Opinion

Ellis Gaspard and Opal Gaspard v. United States of America, Dennis Ronald Sheehan and Nellie Katherine Sheehan, Husband and Wife v. United States

Court of Appeals for the Fifth Circuit

Decided September 6, 1983No. 82-3428, 82-4204PublishedCited by 61 opinions

1Opinion of the Court

JERRE S. WILLIAMS, Circuit Judge.

Donald Sheehan and Ellis Gaspard were servicemen who, under military orders, took part in atmospheric atomic weapons tests during the early 1950’s at Desert Rock Flat, Nevada. Both have developed serious personal disabilities that they allege are a result of hazardous radiation exposure from these tests. 1 Sheehan filed this suit in Federal District Court for the Southern District of Mississippi and Gaspard in the Eastern District of Louisiana. 28 U.S.C. § 1346(b). Both veterans sought relief under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671…

2Cases cited45 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Hughes v. RoweSupreme Court of the United States · 1980
  4. Carlson v. GreenSupreme Court of the United States · 1980
  5. United States v. KubrickSupreme Court of the United States · 1979

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3Cited by61 opinions

  1. United States v. StanleySupreme Court of the United States · 1987
  2. Walch v. Adjutant General's DepartmentCourt of Appeals for the Fifth Circuit · 2008
  3. Manuel Nick Solsona, Jr. v. Warden, F.C.I.Court of Appeals for the Fifth Circuit · 1987
  4. Robin E. Persons Estate of Kelly Persons and Timothy Persons v. United StatesCourt of Appeals for the Ninth Circuit · 1991
  5. Trerice v. SummonsCourt of Appeals for the Fourth Circuit · 1985

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