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NATURAL RESOURCES ETC. v. U.S. NUCLEAR REG. COM'N

Nos. 77-1996, 78-1069.

578 F.2d 1341 (1978)

NATURAL RESOURCES DEFENSE COUNCIL, INC., the Central Clearing House, Sally Rodgers, and Sandy Simons, Plaintiffs-Appellees, v. UNITED STATES NUCLEAR REGULATORY COMMISSION, Marcus A. Rowden, Victor Gilinsky, Richard T. Kennedy, New Mexico Environmental Improvement Agency, and Thomas E. Baca, Defendants, United Nuclear Corporation, Intervenor, and Kerr-McGee Nuclear Corporation and the American Mining Congress, Petitioners-to-Intervene Appellants, The Anaconda Company, Gulf Oil Corporation and Phillips Petroleum Company, Petitioners-to-Intervene.

United States Court of Appeals, Tenth Circuit.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Neil M. Soltman, of O'Melveny & Myers, Los Angeles, Cal. (Philip F. Westbrook, Owen C. Olpin and Brian C. Lysaght, of O'Melveny & Myers, Los Angeles, Cal., and of counsel, Alfred Forsyth, Santa Fe, N. M., on the brief), for plaintiffs-appellee.

Peter J. Nickles, of Covington & Burling, Washington, D. C. (John Michael Clear and Gregg H. Levy, of Covington & Burling, and Bruce D. Black, of Campbell, Bingaman & Black, P.A., Santa Fe, N. M., on the brief), for appellant Kerr-McGee Nuclear Corp.

R. Brooke Jackson, of Holland & Hart, Denver, Colo. (Frank H. Morison, of Holland & Hart, Denver, Colo., Paul J. Kelly, Jr., of Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, N. M., and of counsel, James R. Walpole, American Mining Congress, Washington, D. C., on the brief), for appellant the American Mining Congress.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

The American Mining Congress and Kerr-McGee Nuclear Corporation seek review of the order of the United States District Court for the District of New Mexico denying their motions to intervene was a matter of right or on a permissive basis, pursuant to Rule 24(a)(2) and (b), Fed.R.Civil Proc.

The underlying action in which the movants requested intervention was instituted by the Natural Resources Defense Council, Inc., and others...

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