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ALEUT LEAGUE v. ATOMIC ENERGY COMMISSION

Civ. No. A-127-71.

337 F.Supp. 534 (1971)

The ALEUT LEAGUE, on behalf of itself, its members and all those similarly situated, Plaintiffs, v. The ATOMIC ENERGY COMMISSION et al., Defendants.

United States District Court, D. Alaska.

October 8, 1971.

Attorney(s) appearing for the Case

Hugh W. Fleisher, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs.

G. Kent Edwards, U. S. Atty., Anchorage, Alaska, Thomas L. McKevitt, Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OF DECISION AND ORDER

PLUMMER, Chief Judge.

On September 2, 1971, plaintiffs commenced this action specifically to prevent the detonation of a nuclear device termed CANNIKIN on Amchitka Island. Plaintiffs' motion for a preliminary injunction was filed on September 13, 1971, and defendants' motion for summary judgment or alternatively, dismissal, was filed on September 21, 1971. Hearings were held on both motions on September 27 and 28.

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