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PEOPLE OF STATE OF ILL. v. GENERAL ELEC. CO.

Nos. 81-2768, 81-2778.

683 F.2d 206 (1982)

PEOPLE OF the STATE OF ILLINOIS, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY and Southern California Edison Company, Defendants-Appellees. GENERAL ELECTRIC COMPANY and Southern California Edison Company, Plaintiffs-Appellees, v. Tyrone C. FAHNER, Attorney General of Illinois, Charles Zalar, State's Attorney of Grundy County, and Philip Gustafson, Director of the Department of Nuclear Safety, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1982.

Attorney(s) appearing for the Case

Daniel Harris, Ill. Atty. Gen., Chicago, Ill., for plaintiff-appellant.

William A. Gordon, Mayer, Brown & Platt, Chicago, Ill., for defendants-appellees.

Before WOOD and POSNER, Circuit Judges, and FOREMAN, Chief Judge.

POSNER, Circuit Judge.

These consolidated appeals present questions of federal jurisdiction and constitutional law arising out of an attempt by the State of Illinois to prevent the shipment of spent nuclear fuel into the state for storage.

The fuel for nuclear electric-power reactors — enriched uranium — becomes depleted after a few years in the reactor and has to be replaced. Because the spent fuel...

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