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NUCLEAR TRANSPORT & STORAGE, INC. v. U.S.

Civ. No. 3-88-304.

703 F.Supp. 660 (1988)

NUCLEAR TRANSPORT & STORAGE, INC., Plaintiff, v. UNITED STATES of America, Acting Through its DEPARTMENT OF ENERGY; John S. Herrington, Secretary of Energy; Philip G. Sewell, Deputy Assistant Secretary of Energy for Uranium Enrichment; and Joe B. Lagrone, Manager, Oak Ridge Operations, Department of Energy, Defendants.

United States District Court, E.D. Tennessee, N.D.

November 29, 1988.

Attorney(s) appearing for the Case

Charles A. Wagner, II, Knoxville, Tenn., for plaintiff.

Michael Sitcov, Federal Programs Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION

JARVIS, District Judge.

This is an action for injunctive relief, declaratory relief and money damages brought pursuant to 28 U.S.C. §§ 1331 and 1337 alleging violations of plaintiff's due process rights under the Fifth Amendment to the United States Constitution. Plaintiff, alleging that it is the only company in the United States engaged in the business of storing unenriched uranium...

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