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COM. OF MASS. v. O'LEARY

No. 95-11670.

925 F.Supp. 857 (1996)

COMMONWEALTH OF MASSACHUSETTS by its LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD, Plaintiff, v. The Honorable Hazel O'LEARY, in her official capacity as Secretary of Energy of the United States, and United States Department of Energy, Defendants.

United States District Court, D. Massachusetts.

March 29, 1996.

Attorney(s) appearing for the Case

Thomas A. Barnico, Attorney General's Office, Boston, MA, William Porter, Office of the Attorney General, Boston, MA, Commonwealth of Massachusetts, Plaintiff.

Thomas Millet, Department of Justice, Federal Programs Branch, Civil Division, Washington, DC, Marcia K. Sowles, U.S. Department of Justice, Civil Division, Washington, DC, Frank W. Hunger, U.S. Department of Justice, Civil Division, Washington, DC, for Hazel O'Leary, Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This dispute arises under the Low-Level Radioactive Waste Policy Amendments Act of 1985 ("The 1985 Act"), 42 U.S.C. § 2021b et seq. The Massachusetts Low-Level Radioactive Management Board brings this declaratory judgment action pursuant to 28 U.S.C. § 2201, claiming it is entitled to certain escrow funds held by the United States Department of Energy ("DOE"), pursuant...

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