Russell Smith, Plaintiff-appellant, v. United States Department of Energy, Oakland, California;lawrence Livermore Laboratory, Livermore, California; Fenix& Scission, Inc., Mercury, Nevada; Romey Newton; Williamsdrilling Co., Gillette, Wyoming; John M. Daly; Thomas M.padget, Formerly of Gillette, Wyoming; Davis Oil Co.,denver, Colorado; Dr. Stan Cliff; V.a. Medical Center,sheridan, Wyoming; Ray Hayes, Tacoma, Washington; Burkdabney, Marked Tree, Arkansas, Defendants-appellees, 961 F.2d 220 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff Russell Smith appeals from an order of the district court granting Defendants' motions to dismiss.

Smith commenced this action in district court pursuant to "the civil right act or RICO act" seeking damages for various claims against Defendants. The claims appear to be based on incidents which occurred in 1979 and their sequelae. The district court in a very thorough and careful analysis of Smith's issues held that Defendants' motions to dismiss should be granted on the grounds that Smith had failed to state a claim and because the Defendants were improperly and ineffectively served with process.

Upon review of the record and the parties' arguments on appeal, we AFFIRM the judgment of the United States District Court for the District of Wyoming for substantially the reasons stated in its order of June 13, 1991.

The mandate shall issue forthwith.

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