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HUNT v. NUCLEAR REGULATORY COMMISSION

No. 79-1647.

611 F.2d 332 (1979)

Brian Dennis HUNT, Plaintiff-Appellant, v. NUCLEAR REGULATORY COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 23, 1979.

Certiorari Denied February 25, 1980.

Attorney(s) appearing for the Case

Robert M. Hager, Tulsa, Okl., for plaintiff-appellant.

Joseph B. Scott, Washington, D. C., and Leonard Schaitman, Dept. of Justice, Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., Hubert H. Bryant, U. S. Atty., Tulsa, Okl. (Stephen F. Eilperin, Sol., Washington, D. C., of counsel, and Steve Ostrach, Washington, D. C., on the brief), for Nuclear Regulatory Commission, defendant-appellee.

Joseph Gallo of Isham, Lincoln & Beale, Washington, D. C., Kenneth W. East, Tulsa, Okl. (Martha E. Gibbs, Chicago, Ill., of counsel and Peter Thornton of Isham, Lincoln & Beale, Chicago, Ill., on the brief), for Public Service Co. of Oklahoma, defendant-appellee.

George L. Edgar and Kevin P. Gallen of Morgan, Lewis & Bockius, Washington, D. C. (F. Paul Thieman, Jr. and J. Kenton Francy of Crowe & Thieman, Tulsa, Okl., of counsel and on the brief), for General Elec. Co., defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

Certiorari Denied February 25, 1980. See 100 S.Ct. 1084.

McWILLIAMS, Circuit Judge.

The issue here is whether the Government in the Sunshine Act, 5 U.S.C. § 552b, et seq. (1976), applies to an adjudicatory hearing before the Atomic Safety and Licensing Board. The trial court held that the Act did not apply. We agree.

The Public Service Company of Oklahoma filed an application with the Nuclear Regulatory Commission, hereinafter generally...

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