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JOHNSRUD v. CARTER

No. 79-1950.

620 F.2d 29 (1980)

JOHNSRUD, Judith Hays, Stoltzfus, Raymond, Stoltzfus, Jane, Stoltzfus, Lorraine, v. CARTER, Jimmy, President and The United States of America. Appeal of Judith Hays JOHNSRUD, Virginia Southard, Raymond Stoltzfus, Jane Stoltzfus, Lorraine Stoltzfus, Andrew Henry, Jr., and James Gormley.

United States Court of Appeals, Third Circuit.

Decided April 23, 1980.

As Amended May 16, 1980.

Attorney(s) appearing for the Case

Robert Gary, (argued) Donna E. Baker (argued), Philadelphia, Pa., for appellants.

Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., Peter F. Vaira, Jr., U. S. Atty., Philadelphia, Pa., Robert E. Kopp, Joseph B. Scott (argued), Attys., Dept. of Justice, Civ. Div., Appellate Staff, Washington, D. C., William J. McGettigan, Asst. U. S. Atty., Philadelphia, Pa., for appellees.

Before GIBBONS, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This action arises out of a nuclear power accident which has come to be known nationally as the "Three Mile Island" incident. Soon after the accident, the plaintiffs initiated this suit seeking mandatory injunctive relief, commanding the United States to issue a public warning to each resident within 200 miles of Three Mile Island of the possible health dangers resulting...

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