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INTERNATIONAL UNION OF E., R. & M. WKRS. v. UNITED STATES

No. 15271.

280 F.2d 645 (1960)

INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO; United Automobile Aircraft and Agricultural Implement Workers of America; and United Papermakers and Paperworkers, Petitioners, v. UNITED STATES of America and Atomic Energy Commission, Respondents, Power Reactor Development Company, State of Michigan, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 10, 1960.

Petitions for Rehearing Denied July 25, 1960.

Attorney(s) appearing for the Case

Mr. Benjamin C. Sigal, Washington, D. C., for petitioners.

Mr. Lionel Kestenbaum, Attorney, Atomic Energy Commission, with whom Asst. Atty. Gen. George C. Doub, Messrs. Loren K. Olson, General Counsel, Atomic Energy Commission, Courts Oulahan, Sp. Asst. to the General Counsel, Atomic Energy Commission, and Samuel D. Slade, Attorney, Department of Justice, were on the brief, for respondents.

Mr. W. Graham Claytor, Jr., Washington, D. C., with whom Mr. John Lord O'Brian, Washington, D. C., was on the brief, for intervenor Power Reactor Development Company.

Mr. Jerome Maslowski, Lansing, Mich., entered an appearance for intervenor State of Michigan.

Before EDGERTON, BAZELON, and BURGER, Circuit Judges.

Petitions for Rehearing en Banc Denied July 25, 1960.

EDGERTON, Circuit Judge.

Petitioners seek review of the Atomic Energy Commission's Order of May 26, 1959 which continued in effect, with amendments, a "provisional" construction permit issued August 4, 1956, for a nuclear power reactor. Section 104(b) of the Atomic Energy Act of 1954 authorizes the Commission to issue licenses for "utilization and production facilities involved in the conduct of research...

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