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NIELSON v. SEABORG

No. C 170-71.

348 F.Supp. 1369 (1972)

Heli NIELSON et al., Plaintiffs, v. Dr. Glenn T. SEABORG, Chairman of the Atomic Energy Commission, and the United States of America, Defendants.

United States District Court, D. Utah, C. D.

Decided September 26, 1972.

Attorney(s) appearing for the Case

Alvin I. Smith, Francis J. Nielson, Salt Lake City, Utah, for plaintiffs.

H. Ralph Klemm, Asst. U. S. Atty., Salt Lake City, Utah, Irwin Goldbloom, U. S. Dept. of Justice, Washington, D. C., Thomas O. Fleming, Las Vegas, Nev., for defendants.

MEMORANDUM

ALDON J. ANDERSON, District Judge.

Plaintiffs in this action allege irreparable injury to themselves and other residents of the State of Utah as a result of nuclear testing by the United States Atomic Energy Commission (hereinafter, the "Commission") at its Nevada test site. Jurisdiction is claimed under the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., the Administrative...

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