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EASTON UTILITIES COMMISSION v. ATOMIC ENERGY COMMISSION

No. 22184.

424 F.2d 847 (1970)

The EASTON UTILITIES COMMISSION, Petitioner, v. ATOMIC ENERGY COMMISSION and United States of America, Respondents, Philadelphia Electric Co. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Reargued June 26, 1969.

Decided February 10, 1970.

Attorney(s) appearing for the Case

Mr. Spencer W. Reeder, St. Michaels, Md., for petitioner.

Mr. Marcus A. Rowden, Asst. Gen. Counsel, Atomic Energy Commission, with whom Messers. Charles M. Farbstein and William C. Parler, Attys., Atomic Energy Commission, were on the brief, for respondents. Messrs. Howard K. Shapar, Asst. Gen. Counsel, Thomas F. Engelhardt, Atty., Atomic Energy Commission, and Howard E. Shapiro, Atty., Dept. of Justice, also entered appearances for respondents.

Mr. Arvin E. Upton, Washington, D. C., with whom Messrs. Leonard M. Trosten and Eugene J. Bradley, Washington, D.C., were on the brief, for intervenors.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges.

TAMM, Circuit Judge:

This court's order of April 2, 1969 consolidated this case with cases No. 21,706, Cities of Statesville v. AEC, and No. 21,844, Power Planning Comm. of the Municipal Elec. Ass'n of Massachusetts v. AEC, for en banc argument and consideration. By our opinion of December 5, 1969, we ruled upon the issues involved in the companion cases but reserved consideration of the present case for a separate opinion because of the existence herein of a problem...

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