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COM. OF PA. v. GENERAL PUBLIC UTILITIES CORP.

Nos. 82-3421, 82-3425.

710 F.2d 117 (1983)

COMMONWEALTH OF PENNSYLVANIA, Appellant in No. 82-3421, The Township of Susquehanna and The Township of Lower Swatara, individually and on behalf of all other similarly situated, Appellants in No. 82-3425, v. GENERAL PUBLIC UTILITIES CORP., Metropolitan Edison Company, Jersey Central Power & Light Co., Pennsylvania Electric Co., Babcock and Wilcox Company, J. Ray McDermott & Company, and Catalytic, Inc.

United States Court of Appeals, Third Circuit.

Decided June 23, 1983.

Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., Louis J. Rovelli (argued), Deputy Atty. Gen., Harrisburg, Pa., for appellant in No. 82-3421.

Arnold Levin (argued), Howard J. Sedran, Laurence S. Berman, Levin & Fishbein, Philadelphia, Pa., and Lee C. Swartz, Hepford, Swartz, Menaker & Wilt, Harrisburg, Pa., for appellants in No. 82-3425.

John G. Harkins, Jr. (argued), Edward W. Madeira, Jr., Alfred H. Wilcox, Jr., John A. Guernsey, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees.

Before ADAMS and WEIS, Circuit Judges, and VanARTSDALEN, District Judge.

OPINION OF THE COURT

VanARTSDALEN, District Judge.

On March 28, 1979, and for a period of time thereafter, certain events occurred at the Three Mile Island nuclear energy electric generating plant located in Dauphin County, Pennsylvania, approximately fifteen miles downstream on the Susquehanna River from the state capitol in Harrisburg, Pennsylvania. Those events are alleged to have constituted a "nuclear incident."1

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