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COMMITTEE FOR NUCLEAR RESPONSIBILITY, INC. v. SEABORG

No. 71-1869, Misc. 3717.

463 F.2d 796 (1971)

The COMMITTEE FOR NUCLEAR RESPONSIBILITY, INC., et al., Appellants-Petitioners, v. Glenn T. SEABORG et al., and Atomic Energy Commission, Appellees-Respondents.

United States Court of Appeals, District of Columbia Circuit.

November 3, 1971.

Attorney(s) appearing for the Case

Messrs. Harold P. Green, Washington, D. C., and David Sive, New York City (by special leave of court) were on the pleadings for appellants-petitioners.

Asst. Atty. Gen. Shiro Kashiwa and Messrs. Edmund B. Clark, Thomas L. McKevitt and Peter R. Steenland, Attys., Department of Justice, Washington, D. C., were on the pleadings for appellees-respondents.

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

PER CURIAM:

Plaintiffs, conservation groups seeking to enjoin an underground nuclear explosion (code-named Cannikin) on Amchitka Island, Alaska, appeal from the District Court's denial of a preliminary injunction, and seek leave to appeal under 28 U.S.C. § 1292(b) from the District Court's order resolving certain questions of discovery. Plaintiffs have pressed their case with increasing urgency in court as the proposed detonation becomes ever more imminent. On...

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