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CHEMICAL WEAPONS WORKING GROUP v. DEPT. OF ARMY

No. 96-4166.

101 F.3d 1360 (1996)

CHEMICAL WEAPONS WORKING GROUP (CWWG); Sierra Club and Vietnam Veterans of America Foundation, Plaintiffs-Appellants, v. DEPARTMENT OF THE ARMY, United States Department of Defense and EG & G Defense Material, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 6, 1996.

Attorney(s) appearing for the Case

Randall N. Skanchy, R. Paul Van Dam, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, Richard E. Condit, Washington, DC, Mick G. Harrison, GreenLaw, Inc., Berea, KY, Randall M. Weiner, Land and Water Fund of the Rockies, Boulder, CO, Robert Guild, Columbia, SC, Robert Ukeiley, Denver, CO, for Plaintiffs-Appellants.

Robert L. Klarquist, Peter A. Appel, Lisa Ann Holden, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Stephen Roth, Office of U.S. Atty., Salt Lake City, UT, Robert H. Foster, U.S. Dept. of Justice, Environment and Natural Resource Div., Denver, CO, Alan D. Greenberg, U.S. Dept. of Justice, Environmental Enforcement Sec., Denver, CO, for Dept. of the Army, U.S. Dept. of Defense.

Michael A. Zody, Craig D. Galli, David Thudermann, Parsons, Behle & Latimer, Salt Lake City, UT, Robert H. Foster, U.S. Dept. of Justice, Environment and Natural Resource Div., Denver, CO, Lisa Ann Holden, U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, DC, for EG & G Defense Material.

Before BALDOCK, LUCERO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Appellants have filed a motion for stay pending appeal requesting that this court enjoin all incineration activities at the Tooele Chemical Agent Disposal Facility (TOCDF) during the pendency of their appeal. They also have requested that their appeal be expedited. Appellees do not object to the request to expedite. Upon consideration, we deny the motion for stay pending appeal and grant the request to expedite.

Requests for stay pending...

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