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CITIZENS FOR FAIR UTILITY REG. v. U.S. N.R.C.

Nos. 89-4124, 89-4310.

898 F.2d 51 (1990)

CITIZENS FOR FAIR UTILITY REGULATION, Petitioner, v. UNITED STATES NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

April 12, 1990.

Attorney(s) appearing for the Case

Richard Lee Griffin, Ft. Worth, Tex., for Citizens for Fair Utility Regulation.

Michael D. Kohn, Stephen M. Kohn, Kohn, Kohn & Colapinto, Washington, D.C., for intervenor Joseph J. Macktal, Jr.

Richard Thornburgh, Atty. Gen., U.S. Dept. of Justice, John Cordes, Charles E. Mullins, General Counsel, Janice E. Moore, Office of the General Counsel, U.S. N.R.C., Dirk D. Snel, Martin W. Matzen, U.S. Dept. of Justice, Washington, D.C., for U.S. Nuclear Regulatory Com'n.

George L. Edgar, Thomas A. Schmutz, Newman & Holtzinger, Washington, D.C., for intervenor Texas Utility Elec. Co.

Before WISDOM, JOHNSON and Duhe, Circuit Judges.

JOHNSON, Circuit Judge:

In early February 1990, this Court denied a motion to stay proceedings filed by Citizens For Fair Utility Regulation (CFUR). CFUR's motion requested that the issuance of an operating license for the Comanche Peak Nuclear Power Plant be stayed pending this Court's decision on the merits. Our denial was predicated on a determination that CFUR had failed to demonstrate a substantial likelihood of success on the merits of its claim that the Nuclear...

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