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KERR-McGEE CHEMICAL CORP. v. CITY OF WEST CHICAGO

No. 90-1622.

914 F.2d 820 (1990)

KERR-McGEE CHEMICAL CORPORATION, Plaintiff-Appellant, v. CITY OF WEST CHICAGO, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1990.

Attorney(s) appearing for the Case

John C. Berghoff, Jr., Thomas P. Healy, Jr., Howard J. Roin, Mayer, Brown & Platt, Chicago, Ill., Peter J. Nickles, Richard Meserve, Herbert Estreicher, Covington & Burling, Washington, D.C., for plaintiff-appellant.

Joseph V. Karaganis, Ellen L. Zisook, James D. Brusslan, Karaganis & White, Chicago, Ill., for City of West Chicago, Paul Netzel.

J. Jerome Sisul, Asst. Atty. Gen., Douglas J. Rathe, William D. Seith, Joseph Williams, Richard Verkler, Chicago, Ill., for Neil F. Hartigan, James E. Ryan and Bernard Killian.

John T. Stahr, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for amicus curiae U.S.

John F. Cordes, Jr., Steven F. Crockett, E. Leo Slaggie, U.S. Nuclear Regulatory Com'n., Washington, D.C., for amicus curiae Nuclear Regulatory Com'n.

Before CUMMINGS, EASTERBROOK, and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

This is the latest appeal in a string of litigation concerning the planned disposal of radioactive waste at the Kerr-McGee Chemical Corporation's Rare Earths Facility, located partly within the corporate limits of the City of West Chicago (the "City") in DuPage County, Illinois. Kerr-McGee appeals from the district court's denial of its motion for a preliminary injunction. The injunction would have barred the City from requiring Kerr-McGee...

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