MICHIGAN COALITION v. GRIEPENTROG

No. 91-1801.

945 F.2d 150 (1991)

MICHIGAN COALITION OF RADIOACTIVE MATERIAL USERS, INC., Plaintiff-Appellee, v. Jerry GRIEPENTROG, Director of Resources; Christine Gregoire, Director of the Washington Department of Ecology; John P. Pate, Chairman of the South Carolina Board of Health and Environmental Control, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 24, 1991.


Attorney(s) appearing for the Case

Charles J. Cooper, David R. Lewis, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., Max R. Hoffman, Jr., Richard C. Kraus, Farhat, Story & Kraus, Charles R. Toy, East Lansing, Mich., Michael S. Green, House Republican Programs & Policies, Lansing, Mich., for plaintiff-appellee.

David J. Bloss, Roberts, Betz & Bloss, Grand Rapids, Mich., Frankie Sue Del Papa, Nancy Ford Angres, Atty. General's Office, Dept. of Human Resources, Carson City, Nev., for Jerry Griepentrog, Director, of the Nevada Dept. of Human Resources.

David J. Bloss, Roberts, Betz & Bloss, Grand Rapids, Mich., Allen T. Miller, Jr. (briefed), Olympia, Wash., Kenneth O. Eikenberry, Atty. General's Office, State of Wash., Olympia, Wash., for Christine Gregoire, Director, of the Washington Dept. of Ecology.

David J. Bloss, Roberts, Betz & Bloss, Grand Rapids, Mich., Walton J. McLeod, III, Samuel L. Finklea, III, Dept. of Health & Environmental Control, Office of Gen. Counsel, T. Travis Medlock, James Patrick Hudson, Atty. General's Office, Columbia, S.C., for John P. Pate, Chairman, of South Carolina Bd. of Health and Environmental Control.

Before MARTIN and NELSON, Circuit Judges; and JARVIS, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

The defendants in this action have filed a motion pursuant to Fed.R.App.P. 8(a) seeking a stay of the judgment and a permanent injunction pending their appeal of the district court's grant of summary judgment in favor of the plaintiff. 769 F.Supp. 999. For the reasons outlined below, we hereby grant the stay. This opinion will clarify the standards we apply in reviewing an application for a...

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