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STATE OF NEB. v. CEN. INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COM'N

No. 4:CV96-3438.

974 F.Supp. 762 (1997)

STATE OF NEBRASKA, Plaintiff, v. CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION, Defendant.

United States District Court, D. Nebraska.

April 10, 1997.

Attorney(s) appearing for the Case

William M. Lamson, Jr., Kennedy, Holland Law Firm, Omaha, NE, Donald B. Stenberg, Linda L. Willard, Atty. General's Office, Lincoln, NE, for Plaintiff.

John P. Heil, Thomas E. Johnson, Jon E. Blumenthal, Baird, Holm Law Firm, Omaha, NE, for Intervenors.

Alan E. Peterson, Shawn D. Renner, Cline, Williams Law Firm, Lincoln, NE, for Defendant.

MEMORANDUM AND ORDER

PIESTER, United States Magistrate Judge.

Pending before the court is a motion by the defendant, a commission governing an interstate waste compact, to strike the State of Nebraska's demand for trial by jury in an ongoing dispute over regulatory authority. (Filing 9.) This case raises an issue of first impression, unaddressed in any reported court decision: whether the parties to an interstate compact are entitled to jury resolution of...

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