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AKINS v. RODRIGUEZ

No. 90-16163.

15 F.3d 883 (1994)

Michael AKINS; Betty Akins, Plaintiffs-Appellees, v. Ronald J. RODRIGUEZ; Defendant-Appellee, American Nuclear Insurers, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred December 21, 1992.

Submitted September 1, 1993.

Decided February 3, 1994.

Attorney(s) appearing for the Case

Stephen J. Mackey, Donahue and Callaham, Sacramento, California, for the plaintiffs-appellees.

Ellen Kittredge Scott and Alfred H. Wilcox, Pepper, Hamilton & Scheetz, Philadelphia, Pennsylvania, for the defendant-appellant.

Before: GOODWIN, O'SCANNLAIN, and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This appeal involves one of two class actions arising out of the alleged contamination of stream water by the discharge of radioactive material from the Rancho Seco nuclear power plant located in Sacramento County, California.

I

A class of approximately 200 people living in the vicinity of Rancho Seco (collectively "Akins"), sued the plant's owner and operator, the Sacramento Municipal Utility District ("SMUD"), in California...

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