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MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE v. O'LEARY

Civil No. 4-95-773.

926 F.Supp. 134 (1996)

MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION, Plaintiff, v. The Honorable Hazel O'LEARY, Secretary of Energy, Defendant.

United States District Court, D. Minnesota, Fourth Division.

May 28, 1996.

Attorney(s) appearing for the Case

Richard Ihrig, Sarah D. Halvorson, Lindquist & Vennum, Minneapolis, MN, for plaintiff.

Mary Jo Madigan, U.S. Atty. Office, Minneapolis, MN, Thomas W. Millet, U.S. Dept. of Justice, Washington, DC, L. Dow Davis, Washington, DC, Marcia K. Sowles, U.S. Dept. of Justice, Washington, DC, for defendant.

MEMORANDUM OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT

TUNHEIM, District Judge.

INTRODUCTION

For a six-month period, the Midwest Interstate Low-Level Radioactive Waste Commission ("Midwest Commission") provided for disposal of low level radioactive waste generated within the Midwest only by allowing generators to contract for disposal with a facility outside the region. The Honorable Hazel O'Leary, the Secretary of Energy...

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