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THERMAL SCIENCE v. U.S. NUCLEAR REGULATORY COM'N

No. 98-3147.

184 F.3d 803 (1999)

THERMAL SCIENCE, INC., Appellant, v. U.S. NUCLEAR REGULATORY COMMISSION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 1999.

Attorney(s) appearing for the Case

Martin S. Himeles, Jr., Baltimore, Maryland, argued (Zoe M. Gillen, Baltimore, Maryland, and Gordon L. Ankney, Michael J. Morris, and Matthew J. Fairless, St. Louis, Missouri, on the brief), for Appellant.

Charles E. Mullins, Washington, DC, argued (Edward L. Dowd, United States Attorney, Edwin B. Brzezinski, Karen D. Cyr, John F. Cordes, Jr., and E. Leo Slaggie, on the brief), for Appellee.

Before: McMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges and SACHS, District Judge.

PER CURIAM.

On October 1, 1996, the United States Nuclear Regulatory Commission ("NRC") issued a Notice of Violation and proposed that a $900,000 civil penalty be imposed on Thermal Science, Inc. ("TSI") for alleged violations of the NRC's "Deliberate Misconduct," or "Wrongdoer," Rule, 10 C.F.R. § 50.5. In response, TSI brought suit seeking preliminary and permanent injunctive relief against further proceedings by the agency.

TSI is a Missouri corporation...

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