UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RON J. DUMONTIER; JOHN FUGLE;
ANDREW HARVIE; DAVID D.
HARVIE; DARREN HUGHSON; JOHN
HARPER; TORY KJELSTRUP; TODD
LOBREAU; ELBERT LOOMIS; ALLAN
LUNGAL; WILLIAM L. ROBBINS;
WILLIAM J. SCOFIELD; RON L.
SMATHERS; GERALD LAMB,
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Argued and Submitted April 12, 2007
Submission Vacated December 24, 2007
Resubmitted June 2, 2008
Filed September 11, 2008
Before: Alex Kozinski, Chief Judge, Raymond C. Fisher,
Circuit Judge, and Andrew J. Guilford,* District Judge.
Opinion by Chief Judge Kozinski
*The Honorable Andrew J. Guilford, United States District Judge for
the Central District of California, sitting by designation.
Alexander Blewett, III, Christopher D. Meyer, Hoyt & Ble-
wett PLLC, Great Falls, Montana, for the plaintiffs-
DUMONTIER v. SCHLUMBERGER TECHNOLOGY CORP.
Donald E. Jose, Esq., Michael Garza, Esq., Jose & Wiedis,
West Chester, Pennsylvania; Robert E. Sheridan, Esq., Gar-
lington, Lohn and Robinson, PLLP, Missoula, Montana, for
KOZINSKI, Chief Judge:
We consider whether subcellular damage amounts to bodily
injury under the Price-Anderson Act.
Schlumberger Technology Corporation’s employees care-
lessly left some cesium-137 on a drilling rig. Plaintiffs later
worked on the rig and were exposed. Though less well known
than uranium or plutonium, cesium isn’t a substance to be
toyed with. Unprotected exposure can cause burns, radiation
sickness and cancer; if ingested, it causes mania. Randal C.
Nelson, Songs of Cesium (1996), http://www.cs.rochester.edu/
Plaintiffs have not developed cancer or any other illness.
Nevertheless they sued Schlumberger, claiming that the ra