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  5. 772 F.2d 1103 (1985)
 

JERSEY CENT. POWER & LIGHT CO. v. LACEY TP.

Nos. 84-5652, 84-5763.

772 F.2d 1103 (1985)

JERSEY CENTRAL POWER & LIGHT COMPANY v. TOWNSHIP OF LACEY, an incorporated village located in Ocean County, State of New Jersey. Appeal of TOWNSHIP OF LACEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 6, 1985.

As Amended September 23, 1985.

Attorney(s) appearing for the Case

Martin S. Siegel (argued), Peter S. Kaufman, Edward K. Dehope, Susan K. Fischer, Riker, Danzig, Scherer & Hyland, Morristown, N.J., for appellee; Bishop, Liberman & Cook, New York City, of counsel.

Terry F. Brady (argued), Gilmore & Monahan, P.A., Toms River, N.J., for appellant.

Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and NEWCOMER, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The transport and storage of "hazardous materials" has generated increasing concern over the unpredictable risks presented to the public, while at the same time, it is recognized that our modern society depends upon the transformation of atomic power into energy and the ready availability of these fissionable materials for industrial, commercial and consumer use. This mixed blessing of technological...

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