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STATE OF NEB. v. RADIOACTIVE WASTE COM'N

No. 93-3724.

26 F.3d 77 (1994)

STATE OF NEBRASKA, ex rel. E. Benjamin NELSON, Governor, Appellant, v. CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION; U.S. Ecology, Inc., a California Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 13, 1994.

Attorney(s) appearing for the Case

Linda L. Willard, Lincoln, NE, argued, for appellant.

Alan E. Peterson, Lincoln, NE, argued, for appellees.

Before McMILLIAN and WOLLMAN, Circuit Judges, and NANGLE, Senior District Judge.

WOLLMAN, Circuit Judge.

The State of Nebraska ("the State") appeals from the district court's1 order granting summary judgment in favor of the Central Interstate Low-Level Radioactive Waste Commission ("the Commission") and U.S. Ecology, Inc., a California corporation. We affirm.

I.

The Low-Level Radioactive Waste Policy Act, enacted in 1980, permits states to "enter into such compacts as may be necessary to provide for...

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