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SIMMONS v. ARKANSAS POWER & LIGHT CO.

No. 80-1633.

655 F.2d 131 (1981)

Stacy SIMMONS, a Minor; Larry and Joy Simmons, Joey and Jill Stocks, Minors; Joe and Judith Stocks, Patrick Cain, Christian Cain, Tina Cain, Fred Cain and William Dell Cain, Minors; Thomda Cain, John Morris, Jason Morris and Sara Morris, Minors; David & Brenda Morris, Aurea E. Ashford, Charles Downs, Keith Downs and Kimberly Downs, Minors; Leonard Wilson and Linda Wilson, Eugene Elliott, Morgan Scott and Sue Scott, Individually and on behalf of all persons living in Yell, Logan, Johnson & Pope Counties, Appellants, v. ARKANSAS POWER & LIGHT CO., United States of America, through its Nuclear Regulatory Commission, John Ahearn, Chairman of the U. S. Regulatory Commission, State of Arkansas, Steve Clark, Attorney General of the State of Arkansas, Arkansas Department of Health, Bureau of Environmental Services, Arkansas Department of Public Safety, Office of Emergency Services, Arkansas Department of Energy and Dr. Robert Young, Arkansas Department of Health, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Tom Donovan (argued), Witt & Donovan, Dardanelle, Ark., for appellants.

Steve Clark, Atty. Gen., Robert L. Waldrum, Asst. Atty. Gen., and George A. Harper, Sp. Asst. Atty. Gen., Little Rock, Ark., for appellees.

Leonard Bickwit, Jr., Gen. Counsel, Stephen F. Eilperin, Sol., Harvey J. Shulman, Sp. Asst. to the Gen. Counsel (argued), Mark E. Chopko, Atty., U. S. Nuclear Regulatory Commission, Washington, D. C., George W. Proctor, U. S. Atty., Robert J. Govar, Asst. U. S. Atty., E. D. Arkansas, Little Rock, Ark., for Federal appellees.

Nicholas S. Reynolds (argued), Sanford L. Hartman, Debevoise & Liberman, Washington, D. C., for appellee Arkansas Power & Light Co.; Steve L. Riggs, Asst. Gen. Counsel, Little Rock, Ark., of counsel.

Before HEANEY, STEPHENSON and McMILLIAN, Circuit Judges.

STEPHENSON, Circuit Judge.

Appellants, residents of four counties surrounding a nuclear power reactor, brought suit against the operator-licensee of the plant, Arkansas Power & Light (AP&L); the United States through the Nuclear Regulatory Commission (NRC); the State of Arkansas; and several state agencies. Appellants sought injunctive, declaratory and monetary relief for what they allege is the unlawful operation and regulation of the plant. After a hearing...

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