BD. OF COM'RS CTY. OF CUYAHOGA v. NUCLEAR ASSUR. CORP.

No. C83-3877.

588 F.Supp. 856 (1984)

BOARD OF COMMISSIONERS, COUNTY OF CUYAHOGA, City of Strongsville, City of Berea, Plaintiffs, v. NUCLEAR ASSURANCE CORP. Transnuclear, Inc., Wisconsin Electric Power Company, Commonwealth Edison Company, Federal Radiological Preparedness Coordinating Committee, Federal Emergency Management Agency, U.S. Department of Transportation, U.S. Nuclear Regulatory Commission, U.S. Environmental Protection Agency, U.S. Department of Health and Human Services, U.S. Department of Energy, U.S. Department of Defense, U.S. Department of Agriculture, U.S. Department of Commerce, Ohio Turnpike Commission, State of Ohio, Raymond Galloway, Director of the Ohio Disaster Services Agency, James R. Williams, Chief of Staff of the Ohio Disaster Services Agency, Defendants.

United States District Court, N.D. Ohio, E.D.

May 24, 1984.


Attorney(s) appearing for the Case

John D. Ryan, Ryan, Gygli & O'Brien, Thomas Gill, Asst. County Prosecutor, County of Cuyahoga, Cleveland, Ohio, James N. Walters, Berea, Ohio, Phillip J. Campanella, Mark I. Wallach, Calfee, Halter & Griswold, Cleveland, Ohio, Frank Groh-Wargo, Berea, Ohio, for plaintiffs.

James M. Freidman, Michael L. Hardy, Michael S. McMahon, Jeffery A. Key, Guren, Merritt, Feibel, Sogg & Cohen, Cleveland, Ohio, Jack McKay, Shaw, Pittman, Potts & Towbridge, Washington, D.C., for Nuclear Assurance Corp., Transnuclear, Inc., Wisconsin Elec. Power Co., and Commonwealth Edison Co.

Patrick M. McLaughlin, Dennis P. Zapka, Asst. U.S. Attys., Cleveland, Ohio, for Federal Radiological Preparedness Coordinating Committee, Federal Emergency Management Agency, U.S. Dept. of Transp., U.S. Nuclear Regulatory Com'n, U.S. Environmental Protection Agency, U.S. Dept. of Health and Human Services, U.S. Dept. of Energy, U.S. Dept. of Defense, U.S. Dept. of Agriculture and U.S. Dept. of Commerce.

James C. McGrath, Philip A. Loftus, Berea, Ohio, for Ohio Turnpike Com'n.

E. Dennis Muchnicki, Karen A. Kolmacic, Asst. Attys. Gen., Columbus, Ohio, for State of Ohio, Raymond Galloway, Director of the Ohio Disaster Services Agency, and James R. Williams, Chief of Staff of the Ohio Disaster Services Agency.


MEMORANDUM OF OPINION AND ORDER

KRENZLER, District Judge.

Plaintiffs commenced this action on September 28, 1983. An amended complaint was filed on October 20, 1983. Plaintiffs seek declaratory and injunctive relief to prohibit the utility defendants' shipments of spent nuclear fuel through Cuyahoga County, including the Cities of Strongsville and Berea, until such time as the federal and state defendants assist...

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