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PRITIKIN v. DEPARTMENT OF ENERGY

No. 99-35581.

254 F.3d 791 (2001)

Trisha T. PRITIKIN, Plaintiff-Appellant, v. DEPARTMENT OF ENERGY, John D. Wagoner, in his official capacity as manager of DOE Richland Operations, and Spencer Abraham, in his official capacity as Secretary of the U.S. DOE, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2001

Attorney(s) appearing for the Case

Tom H. Foulds, Tom H. Foulds & Associated Counsel, Seattle, Washington, for the plaintiff-appellant.

David C. Shilton (argued), Department of Justice, Washington, D.C., for the defendants-appellees.

Greer S. Goldman (on brief), Department of Justice Environment and Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before: REINHARDT, WARDLAW, and GOULD, Circuit Judges.

WARDLAW, Circuit Judge:

Trisha T. Pritikin appeals the district court's entry of summary judgment in favor of the Department of Energy ("DOE"). Pritikin sued DOE to compel it to budget for the medical monitoring program that the Agency for Toxic Substances and Disease Registry ("ATSDR") was required to institute at the Hanford Nuclear Reservation ("Hanford"). The district court concluded that it lacked subject matter jurisdiction...

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