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APPALACHIAN STATES COM'N v. O'LEARY

Civil No. 3:CV-94-1033.

932 F.Supp. 646 (1995)

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION, Plaintiff, v. Hazel O'LEARY, Secretary, United States Department of Energy, Defendant.

United States District Court, M.D. Pennsylvania.

May 22, 1995.

Attorney(s) appearing for the Case

Timothy B. Anderson, John W. Carroll, Pepper, Hamilton & Scheetz, Harrisburg, PA, for Appalachian States Low-Level Radioactive Waste Commission.

Thomas Millet, Department of Justice, Civil Division, Federal Programs Branch, Washington, DC, Marcia K. Sowles, Department of Justice, Civil Division, Washington, DC, Robert J. DeSousa, U.S. Attorney's Office, Lewisburg, PA, Frank W. Hunger, U.S. Department of Justice, Civil Division, Washington, DC, for Hazel O'Leary.

MEMORANDUM

KOSIK, District Judge.

Presently before the court are cross motions for summary judgment filed by the parties. The parties have submitted the proper briefing so that the motions are ready for disposition. For the reasons that follow, the court will grant the motion for summary judgment filed by the plaintiff, will deny the motion for summary judgment filed by the defendant and will grant the mandamus relief requested by the plaintiff.<...

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