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PUBLIC SERVICE CO. OF COLORADO v. BATT

No. 95-35608.

67 F.3d 234 (1995)

PUBLIC SERVICE COMPANY OF COLORADO, Plaintiff, and United States of America, Plaintiff-Appellant, v. Phillip E. BATT, in his official capacity as Governor of the State of Idaho; State of Idaho, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

John A. Bryson, Assistant Attorney General, United States Department of Justice, Washington, D.C., for plaintiff-appellant.

Jeffery J. Ventrella, Elam & Burke, Boise, Idaho, C. Nicholas Krema, Deputy Attorney General, Boise, Idaho, for defendants-appellees.

Before EUGENE A. WRIGHT, ALARCON and CANBY, Circuit Judges.

OPINION

CANBY, Circuit Judge:

I.

This case arises from the efforts of the United States, vigorously opposed by the State of Idaho, to ship spent nuclear fuel to the Idaho National Engineering Laboratory for storage. The United States appeals the district court's order "continuing" an earlier injunction that prevents it from making such shipments. The determinative threshold question is whether the original injunction, issued and then modified in...

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