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JOHNSTON v. NUCLEAR REGULATORY COM'N

No. 84-1583.

766 F.2d 1182 (1985)

Joseph W. JOHNSTON, Plaintiff-Appellant, v. NUCLEAR REGULATORY COMMISSION of the United States of America, et al., Defendants-Appellees, and Commonwealth Edison Company, Intervenor Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1985.

Rehearing and Rehearing Denied August 12, 1985.

Attorney(s) appearing for the Case

Calvin Sawyier, Winston & Strawn, Chicago, Ill., for plaintiff-appellant.

Elizabeth M. Landes, Asst. U.S. Atty., Dan K. Webb, U.S. Atty., Daniel S. Hefter, Isham Lincoln & Beale, Chicago, Ill., for defendant-appellee.

Before BAUER, COFFEY and FLAUM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 12, 1985.

COFFEY, Circuit Judge.

This appeal raises the question of whether the open meeting requirement of the "Government in the Sunshine Act," 5 U.S.C. § 552b ("Sunshine Act"), applies to meetings of the Nuclear Regulatory Commission's Atomic Safety Licensing Board. Under the unique facts of this case, resolution of this issue requires a determination of the validity of the Nuclear Regulatory Commission...

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