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U. OF CONCERNED SCIENTISTS v. U.S. NUCLEAR REG. C.

Nos. 85-1757, 86-1219.

840 F.2d 957 (1988)

UNION OF CONCERNED SCIENTISTS, et al., Petitioners, v. U.S. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, Nuclear Utility Backfitting and Reform Group, Intervenor. (Two Cases)

United States Court of Appeals, District of Columbia Circuit.

March 4, 1988.

Attorney(s) appearing for the Case

Diane Curran, Andrea Ferster and Ellyn R. Weiss, Washington, D.C., were on petitioners' motion, for attorneys' fees and costs.

William H. Briggs, Jr., Solicitor, and G. Paul Bollwerk, III, Sr. Atty., U.S. Nuclear Regulatory Com'n, Washington, D.C., were on respondent's, U.S. Nuclear Regulatory Com'n, opposition to motion.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.

Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge WILLIAMS.

PER CURIAM:

The Court has reviewed the request for attorneys' fees and costs filed by the Union of Concerned Scientists (UCS). In the case in chief, Union of Concerned Scientists v. U.S. Nuclear Regulatory Commission, 824 F.2d 108 (D.C.Cir.1987), this court vacated the Nuclear Regulatory Commission's (NRC) "backfit" rule for reasons stated...

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