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IND. GUARD ASS'N OF NEV., LOCAL NO. 1 v. O'LEARY

No. 93-15769.

57 F.3d 766 (1995)

INDEPENDENT GUARD ASSOCIATION OF NEVADA, LOCAL NO. 1, Plaintiff-Appellant, v. Hazel O'LEARY, Secretary of Energy of the United States of America, on Behalf of the UNITED STATES DEPARTMENT OF ENERGY, an executive department of the United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1995.

Attorney(s) appearing for the Case

George A. Pappy, Pappy & Davis, Los Angeles, CA, for plaintiff-appellant.

L. Dow Davis and Monte N. Stewart, U.S. Dept. of Energy, Washington, DC, for defendant-appellee.

Before: SCHROEDER and RYMER, Circuit Judges, and DWYER, District Judge.

SCHROEDER, Circuit Judge:

The Independent Guard Association of Nevada, Local No. 1 ("IGAN"), appeals the district court's grant of summary judgment to the Secretary of Energy in IGAN's suit to enjoin the application of the Department of Energy's ("DOE" or "agency") Nuclear Explosive Safety Order 5610.11 (Oct. 10, 1990) ("Order"). IGAN objected to the DOE's promulgation of the Order, which is an extensive personnel regulation, without the prior notice and comment required...

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