Legal Opinion
Nebraska v. Central Interstate Low-Level Radioactive Waste Commission
District Court, D. Nebraska
Decided April 10, 1997No. 4:CV96-3438PublishedCited by 3 opinions
1Opinion of the Court
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 disputes arising under the compact. For the reasons discussed more fully below, I shall grant the motion to strike.
BACKGROUND
Following…
2Cases cited30 opinions
- MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
- New York v. United StatesSupreme Court of the United States · 1992
- Curtis v. LoetherSupreme Court of the United States · 1974
- Hess v. Port Authority Trans-Hudson CorporationSupreme Court of the United States · 1994
- Cuyler v. AdamsSupreme Court of the United States · 1981
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3Cited by3 opinions
- Entergy Arkansas, Inc. v. NebraskaDistrict Court, D. Nebraska · 1999
- State of Nebraska v. Central Interstate Low-Level Radioactive Waste Commission,appelleeCourt of Appeals for the Eighth Circuit · 2000
- State of Nebraska v. Central InterstateCourt of Appeals for the Eighth Circuit · 2000