LOW-LEVEL RADIOACTIVE WASTE COM'N v. PENA

No. 95-7382.

126 F.3d 193 (1997)

APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMMISSION v. Hon. Federico PENA, in his official capacity as Secretary of Energy, Appellant.

United States Court of Appeals, Third Circuit.

Reargued May 21, 1997.

Decided September 18, 1997.


Attorney(s) appearing for the Case

Frank W. Hunger, Assistant Attorney General, David M. Barasch, United States Attorney, Mark B. Stern, Assistant United States Attorney, Michael S. Raab, (argued), Assistant United States Attorney, U.S. Department of Justice, Civil Division, Washington, DC, Mary C. Frye, Office of United States Attorney, Harrisburgh, PA, for Appellant.

John W. Carroll, (argued), Timothy B. Anderson, Brian P. Downey, Pepper, Hamilton & Scheetz, Harrisburg, PA, David Richman, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Appellee.

Before BECKER, ROTH, and McKEE, Circuit Judges.


OPINION OF THE COURT

McKEE Circuit Judge.

This is the second time this dispute has come before this panel. The first time, then-Secretary of Energy Hazel O'Leary appealed the district court's grant of summary judgment to the Appalachian States Low-Level Radioactive Waste Commission2 ("the Commission") in the mandamus action the Commission had filed in an attempt to compel the Secretary...

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