Teddy Nez, who lives outside Gallup, New Mexico, is fighting colon cancer and respiratory difficulties he says were caused by uranium from Kerr-McGee's mines dating to the 1940s.

He and others in the Navajo Nation that stretches through New Mexico, Arizona and Utah couldn't afford medical tests to prove radiation caused their illnesses. Because no one filed tort claims, there won't be any money from the U.S. lawsuit to defray medical costs for Nez and others, says David Taylor, a lawyer for the Navajo Nation Department of Justice.

"Every time we ask about the health problems, they say you need a study," Nez says. "We don't have any money for a health study."

Silkwood Legacy

The Navajos will at least benefit in one way: 23 percent of what the U.S. recovers for cleanup costs in the $25 billion suit will go to 51 uranium mines or exploration sites on their territory. Avoca, Columbus and Karen Silkwood's former Oklahoma plant are also in line for payouts.

As with Silkwood's 1974 death, the full story of Kerr-McGee's 2,772 allegedly polluted sites may never be known.

"There's a shockingly large magnitude of liabilities stretching across the nation," legal strategist Hueston says.

Thirteen years after striking creosote, Jamison is waiting to find out whether his lawsuit will be considered in any recovery. Sitting on a wooden pew in his empty church, he says he hopes the trial will finally rectify the miscarriages of justice against small-town citizens who've suffered for years while battling an ever-shifting corporate foe. For others who haven't had the fortitude or the finances to keep up the fight, it's already too late.

The bankruptcy case is Tronox Inc., 09-10156, U.S. Bankruptcy Court, Southern District of New York (Manhattan). The adversary case is 09-01198, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

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