DOE: Pollution at Fernald, Ohio : Hearing Before the Subcommittee on Transportation, Tourism, and Hazardous Materials of the Committee on Energy and Commerce, House of Representatives, One Hundredth Congress, Second Session, on H.R. 3783, H.R. 3784, and H.R. 3785 ... October 14, 1988

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Page 111 - Court endorsed the use of the summary judgment procedure, emphasizing that the "summary judgment procedure is properly regarded not as a dis-favored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action.
Page 110 - The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Page 148 - ... (1) Whether plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it. (2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence.
Page 170 - In this report of the Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas Within the States...
Page 148 - Whether plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it. (2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence. (3) Whether plaintiff and the victim were closely related, as contrasted with an absence of any relationship or the presence of only a distant relationship.
Page 171 - nuclear incident' means any occurrence within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material...
Page 115 - Liability for design defects in military equipment cannot be imposed, pursuant to state law, when (1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; and (3) the supplier warned the United States about the dangers in the use of the equipment that were known to the supplier but not to the United States.
Page 111 - Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.
Page 97 - Order 11507 to .further the purposes of the Clean Air Act, the Federal Water Pollution Control Act, and the National Environmental Policy Act.
Page 36 - An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (7) Estimated quantity and disposition of recovered material that resulted from the incident.

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