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TEXAS DEPT. OF HEALTH v. GULF NUCLEAR, INC.

No. 13984.

664 S.W.2d 847 (1984)

TEXAS DEPARTMENT OF HEALTH, et al., Appellants, v. GULF NUCLEAR, INC., Appellee.

Court of Appeals of Texas, Austin.

February 1, 1984.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Brian E. Berwick, Asst. Atty. Gen., Austin, for appellants.

Carol Vance, Richard A. Gumpert, Bracewell & Patterson, Houston, for appellee.

Before PHILLIPS, C.J., and EARL W. SMITH and GAMMAGE, JJ.

PHILLIPS, Chief Justice.

On February 8, 1983, appellee Gulf Nuclear had a spill of Americium-241 at its Webster, Texas plant. Appellant Texas Department of Health, acting as the State Radiation Control Agency.1 investigated the cause and effect of the spill and eventually determined that an emergency existed which required immediate action to protect the public. In response to the perceived emergency, the Department issued three ex...

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