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COMMITTEE FOR NUCLEAR RESPONSIBILITY, INC. v. SEABORG

No. 71-1732.

463 F.2d 783 (1971)

The COMMITTEE FOR NUCLEAR RESPONSIBILITY, INC., et al., Appellants, v. Glenn T. SEABORG et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 5, 1971.

As Amended November 2, 1971.

Attorney(s) appearing for the Case

Mr. David Sive, New York City, a member of the bar of the Supreme Court of New York, pro hac vice, by special leave of court, with whom Mr. Harold P. Green, Washington, D. C., was on the brief, for appellants.

Mr. Edmund B. Clark, Atty., Department of Justice, with whom Messrs. Shiro Kashiwa, Asst. Atty. Gen., and Thomas L. McKevitt, Atty., Department of Justice, were on the brief, for appellees.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

Plaintiffs seek to enjoin an underground nuclear test, code-named Cannikin, to be conducted by the defendant Atomic Energy Commission (A.E.C.). The district court granted summary judgment for defendants, and plaintiffs appealed.1 The case came on for consideration of plaintiffs' motion for a stay pending appeal and expedited consideration of the appeal. The parties stipulated at the time of oral argument that since briefs on...

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