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WASHINGTON STATE BLDG. & CONST. TRADES COUNCIL v. SPELLMAN

Nos. 81-3453, 81-3454, 81-3460 and 81-3461.

684 F.2d 627 (1982)

WASHINGTON STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO, et al., Plaintiffs-Appellees, v. The Honorable John C. SPELLMAN, Governor of the State of Washington, et al., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. STATE OF WASHINGTON, et al., Defendants-Appellants. WASHINGTON STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO, et al., Plaintiffs-Appellees, v. The Honorable John C. SPELLMAN, et al., Defendants, and Don't Waste Washington Legal Defense Foundation, Intervenor-Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. STATE OF WASHINGTON, et al., Defendant, and Don't Waste Washington Legal Defense Foundation, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1982.

Attorney(s) appearing for the Case

Michael B. Crutcher, Seattle, Wash., argued for Washington State Bldg. et al.; W. Russell Daggatt, Catherine B. Roach, Roberta R. Katz, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., on brief.

Michael Hanbey, Asst. Atty. Gen., Olympia, Wash., argued for Spellman, et al.; Kenneth O. Eikenberry, Atty. Gen., Kenneth M. MacIntosh, Asst. Atty. Gen., Olympia, Wash., on brief.

Michael W. Gendler, Seattle, Wash., for amicus curiae.

Before GOODWIN and POOLE, Circuit Judges, and EAST, District Judge.

GOODWIN, Circuit Judge

The district court granted summary judgment in favor of the United States and certain commercial users of a low-level radioactive waste disposal site in the State of Washington. The decision, reported at 518 F.Supp. 928 (E.D. Wash. 1981), struck down as unconstitutional a Washington statute closing the borders of Washington to the entry of low-level radioactive...

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