The Tenth Circuit Court of Appeals will not rehear a dispute over plutonium contamination emanating from a Colorado nuclear plant once owned by Dow Chemical Co. This potentially keeps intact a nearly $1 billion jury verdict against Dow and the plant’s successor, Rockwell International Corp. The decision in June by a three-judge panel of the court to deny Dow’s and Rockwell’s appeal of a state law verdict stands for the time being after notification on July 27 that the full appellate court will not reconsider the original ruling. The case now goes back to the district court and that court will decide how much of the $926 million judgment a class of property owners near the plant will get to keep.
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