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DICKINSON v. ZECH

No. 88-3267.

846 F.2d 369 (1988)

Irene P. DICKINSON, Susan Dubose, Jay Ku, William Leiper, William McGinness, Fred H. Wright, and The Natural Rights Center, Petitioners, v. Lando ZECH, Chairman, Nuclear Regulatory Commission, and United States of America, Respondents.

United States Court of Appeals, Sixth Circuit.

May 16, 1988.

Attorney(s) appearing for the Case

Albert K. Bates, Summertown, Tenn., petitioners.

Charles Mullins, Office of Gen. Counsel, Nuclear Regulatory Com'n, Washington, D.C., for Lando Zech, Chairman, Nuclear Regulatory Commission, and U.S.

Edward S. Christenbury, Gen. Counsel, James E. Fox, Deputy Gen. Counsel, Justin M. Schwamm, Sr., Asst. Gen. Counsel, Philip J. Pfeifer, Thomas C. Doolan, Senior Litigation Atty. (argued), Knoxville, Tenn., for Tennessee Valley Authority, intervenor.

Charles Mullins (argued), Office of Gen. Counsel, Blake A. Watson, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for U.S.

Before MARTIN, WELLFORD, and NELSON, Circuit Judges.

BOYCE F. MARTIN, JR., Circuit Judge.

The petitions for review before us arise from the decision of the Nuclear Regulatory Commission to deny the request for emergency relief sought by petitioners Irene P. Dickinson, Susan Dubose, Jay Ku, William Leiper, William McGinness, Fred H. Wright, and The Natural Rights Center.

Petitioners seek to enjoin the full power operation of Unit 2 of the Sequoyah Nuclear Plant by its owner and licensed operator, the Tennessee...

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