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HARRIS COUNTY, TEXAS v. UNITED STATES

No. 18519.

292 F.2d 370 (1961)

HARRIS COUNTY, TEXAS, Appellant, v. UNITED STATES of America and The Atomic Energy Commission, Appellees.

United States Court of Appeals Fifth Circuit.

June 30, 1961.

Attorney(s) appearing for the Case

Joe Resweber, County Atty., Hugo A. Touchy, Paul Wagenseller, Charles F. Mitchell, Asst. County Attys., Houston, Tex., for appellant.

Richard A. Solomon, Atty., Dept. of Justice, Lionel Kestenbaum, Office of Gen. Counsel, Neil D. Naiden, Acting Gen. Counsel, A. E. C., Washington, D. C., John S. Kiibler, Jr., La Porte, Tex., John B. Neibel, Houston, Tex., Lee Loevinger, Asst. Atty. Gen., Courts Oulahan, Deputy Gen. Counsel, A.E.C., Washington, D. C., for appellees.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

This appeal for review of the order of the Commission challenges the statutory authority of the Atomic Energy Commission to issue the license here involved.

In addition to pointing out that Harris County did not, before the Commission, attack its authority to act, the United States points out that the statute1 in question is comprehensive, clear, and plain, and clearly confers on the Commission the power...

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