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PEOPLE OF THREE MILE ISLAND v. NUCLEAR REG. COM'RS

No. 83-3454.

747 F.2d 139 (1984)

The PEOPLE OF THREE MILE ISLAND acting Through THREE MILE ISLAND ALERT, INC., Bradford, Louise and Kline, Michael, class co-representatives, et al., Appellants, v. NUCLEAR REGULATORY COMMISSIONERS Joseph M. Hendri, Richard T. Kennedy, John Ahearne, Victor Gilinsky, Peter A. Bradford, and Metropolitan Edison Company, General Public Utilities, Robert Arnold, Herman Dieckamp, and John Herbein.

United States Court of Appeals, Third Circuit.

Decided October 29, 1984.

Attorney(s) appearing for the Case

Robert Hager (argued), Christic Institute, Washington, D.C., for appellants; Joanne Doroshow, Harrisburg, Pa., of counsel.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., David Dart Queen, U.S. Atty., Harrisburg, Pa., Barbara L. Herwig, W. Philip Jones (argued), Attys., Civil Div., U.S. Dept. of Justice, Washington, D.C., for appellees.

Before SEITZ and ADAMS, Circuit Judges, and STEWART, Associate Justice.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Appellants, the People of Three Mile Island, seek review of the district court's ruling that their suit against the Commissioners of the Nuclear Regulatory Commission (NRC) was barred by the doctrine of qualified immunity. Suit was brought against the Commissioners, Metropolitan Edison Company, General Public Utilities Company and several officials of these companies. In it, appellants alleged that

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