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GENERAL ATOMICS v. U.S. NUCLEAR REGULATORY COM'N

No. 95-55520.

75 F.3d 536 (1996)

GENERAL ATOMICS, a California corporation, Plaintiff-Appellant, v. UNITED STATES NUCLEAR REGULATORY COMMISSION; Ivan Selin, as a member of the United States Nuclear Regulatory Commission; E. Gail De Planque, as a member of the United States Nuclear Regulatory Commission; Kenneth C. Rogers, as a member of the United States Nuclear Regulatory Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1996.

Attorney(s) appearing for the Case

Stephen M. Duncan, Mays & Valentine, Alexandria, Virginia; Richard A. Paul, Gray, Cary, Ware & Freidenrich, San Diego, California, for plaintiff-appellant.

Daryl M. Shapiro, Karen D. Cyr, and John F. Cordes and E. Leo Slaggie, United States Nuclear Regulatory Commission, Washington, D.C.; Beth L. Levine, Assistant United States Attorney, San Diego, California, for defendants-appellees.

Before: HUG, ALARCON, and LEAVY, Circuit Judges.

HUG, Circuit Judge:

General Atomics appeals the district court's dismissal of its suit for lack of subject matter jurisdiction. The district court dismissed the claim holding that initial jurisdiction of the suit was vested in the courts of appeals. Alternatively, the court held that General Atomics' suit was premature because the Nuclear Regulatory Commission had not entered a final appealable order. General Atomics asserts that the district court had jurisdiction...

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