ML19347F883
| ML19347F883 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/03/1981 |
| From: | Adler T, Hovis R, Jameson R, Swartz L, Widoff M HEPFORD, SWARTZ, MENAKER & MORGAN, JAMESON, R.A., STOCK & LEADER, WIDOFF, REAGER, SELKOWITZ & ADLER |
| To: | |
| Shared Package | |
| ML19347F882 | List: |
| References | |
| 81-0422, 81-422, NUDOCS 8105260517 | |
| Download: ML19347F883 (19) | |
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N GAIM DEPARTMENT IN THE UNITED STATES DISTRICT CCURT EVR THE MIDDLE DISTRICT OF PENNSYLVANIA DONALD A. STIBIT2, 3
NEW FREEDOM LUMBER CO., INC., a RICHARD K. BAADE and SHIRLEY A. BAADE, his wife, 3
F1 LED ALBERT C. GEORGE and M. ISABEL GEORGE, his wife, a
HARRIS 3URG, PA.
VICTOR HEBEL, a
EMP,7 $]
P. G. ENGINEERING, a
CHANCEFORD MANOR VILLAGE SEWAG E CO., INC.,
a DONALD R. BERRY, CLERK CHANCEFORD MANOR VILLAGE PER NATER CO., INC.,
a der $JfX M DOROTHY S. HOSTETTER, a
L. RICHARD HARNER and LINDA HARNER, his wife, 3
JAMES BARRON and a
DIANE BARRON, his wife, MARGARET MARY JONAS, 3,
j CUMBERLAND WOODCRAFT l
COMP ANY, INC.,
a POCONO BUSINESS y
FU RNITU RE, INC.,
a CLASS ACTION NO.
h FORGET-ME-NOT, INC.,
a LARRY WELKER IVRD, INC.
DR. MAXINE C. BUSH, a JURY TRIAL DEMANDED REV. ALVA TOhiPKINS, MUSETTE DUGGAN, a
WELS I. ZIMt2RMAN, l
HARRY WALLACH, MARY W. HUTCHINSON, a
STEPHEN M. YOUNG, 3
FMG INVESTMENTS, INC.,
a GETTYSBURG TOURS, INC.,
a HERITAGE INNS, INC.,
a L. E. SMITH WHOLESALE DISTRIBUTORS, INC.,
a Plaintiffs, a
Individually and on behalf of :
all otaers similarly situated :
V.
GENERAL PUBLIC UTILITIES CORP.:
METROPOLITJ EDISON CO.,
2 JERSEY CENTRAL POWER &
LIGHT CO.
PENNSYLVANIA ELECTRIC CO.,
a BABCOCK & WILCOX COMPANY, 8
J. RAY McD ERMOTT & CO.,
a CATALYTIC.,INC.,
a BURNS AND ROE, INC.,
3 DEFENDANTS 81052eo5ft.
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CI. ASS ACTION COMPLAINT Plaintiffs, by their attorneys, bring these civil actions, on their own behalf and on behalf of the classes they represent, to obtain damages, equitable relief, and the costs of suit from the Defendants named herein, and complain and allege as follows:
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I.
CAUSES OF ACTION 1.
These are actions for damages and equitable relief arising under principles of federal common ihn under the Act of August 30,1954, 68 Stat. 921, 42 U.S.C. 5 2011 g seg. as amended, popularly known as the Atomic Energy Act, including the Act of Septerber 2,1957, P.L.
(o.85-256, 71 Stat. 576, 42 U.S.C. 5 2210 as amended, popularly known as the Price-Anderson Act, and under the law of the Commonwealth of PennsyIvania, in order to obtain redress for Plaintiffs and members of the Plaintiff classes from Defendants for injuries and damages arising out of a nuclear incident, to wit that l
which occurred at the Three Mile Island nuclear electric generating facility in Dauphin County, Pennsylvania, on, about and af ter March 28, 1979.
II.
i
. JURISDICTION AND VENUE 2.
This complaint is filed and these proceedings I
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.. -,meu are instituted under the Price-Anderson Act, 42 U.S.C. S 2210, under 28 U.S.C. $$ 1331 and 1337, and more specifically, 28 U.S.C. S 1337(a).
3.
This Court has jurisdiction of the subject matter, and venue is proper under 28 U.S.C. 55 1331 and 1337 and 42 U.S.C. 5 2210. The Plaintiffs and all members of the class are users of electricity supplied by the utility company Defendants.
III.
PARTIES 4.
Plaintiffs:
A.
Donald A. Stibitz is an adult individual residing at 48 Seminary Avenue, Reading, Pennsylvania. Said Plaintiff receives electricity supplied by Dedendant Met Ed and lives more than twenty-five miles from Three Mile Island.
B.
New Freedom Lumber Company, Inc., is a Pennsylvania corporation engaged in the lumber supply business, with its offices at New Freedom, Pennsylvania. Said Plaintiff receives electricity supplied by Defendant Met Ed, and its of fices are more than twenty-five miles from Three Mile Island.
C.
Richard K. Baade and Shirley A. Baade, his wife, are adult individuals residing at New Freedom, Pennsyl-vania. Said Plaintiffs receive electricity supplied by Defendant Met Ed and live more than twenty-five miles from Three Mile Island. '
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Albert C. George and M. Isabel George, his wife, are adult individuals residing at tiew Freedom, Pennsyl-i l
vania. Saiu Plaintiffs receive electricity supplied by i
Defendant Met Ed and live more than twenty-five miles from i
Three Mile Island.
E.
Victor Hebel is an adult individual raisiding at R.D.9 2, Stewartstown, Pennsylvania. Said Plaintiff receives electricity suppiled by Defendant Met Ed and lives more than twenty-five miles from Three Mile Island.
I F.
P. G. Engineering is a partnership in the business of providing engineering services, with offices at R.D.92, Stewartstown, Pennsylvania. Said Plaintiff receives electriety supplied by Defendant Met Ed, and its offices are more than twenty,five miles from Three Mile Island.
G.
Chanceford Manor Village Sewage Company, Inc., is a Pennsylvania corporation in the business of process-ing sewage, with its principal of fice at Stewartstown, Pennsyl-vania. Said Plaintiff receives electricity supplied by Defendant Met Ed, and its offices are more than twenty-fi
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miles from Three Mile Island.
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Chanceford Manor villace Water Company,..
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Inc.', is a Pennsylvania corporation in the business of supply-l ing water service, with its principal office at Stewartstown, Pennsylvania. Said Plaintiff receives electricty supplied by Defendant Met Ed, and its offices are more than twenty-five miles from Three Mile Island. i
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Dorothy S. Hostetter is an adult individual al
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to this day. Plaintiffs are unable to determine
'when, if ever, TMI No. I will reopen.
I (b) TMI Unit No. 2, the damaged unit, was severely damaged _and remains closed today. Based upon information. rade public by Def endants, it will be at least seven (7) years before TMI No. 2 can be l
l repaired. Plaintiffs are unable to aver with certainty when, if ever, TMI No. 2 will be reopened.
(c) Plaintiffs have suffered, and lontinue to l
s g, economic loss a sg og TMI No. 1 and TMW, in that their electric utility costs are substantially higher than they would have been but for the violations set forth hereinabove.
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IX.
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DAMAGES TO PLAINTIFFS AND THE MEMBERS OF THE CLASSES 18.
As a direct and proximate result of the viola-tions alleged, Plaintif fs and members of the Plaintiff classes have suffered, are suffering and will continue to suffer the following loss and damages (a) Individual Plaintif fs and class morbers have had to pay electric power costs substantially higher than they would have been required to pay if the violations set forth hereinabove had not occu rred.
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(b) Plaintiffs and class members have suffered -
other " consequential and incidental" damages as a result of the violations alleged hereinabove.
X.
JURY TRIAL DEMAND 19.
Plaintiffs demand a trial by jury of all issues l
so triable in these cases.
XI.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray that:
A.
Plaintiffs and other members of the classes recover the damages determined to have been sustained by each of, them respectively, and that judgment be entered herein jointly and severally against the Defendants, and each of them, for the amounts determined.
B.
This Court grant such other, further and different relief as may be deemed,just and proper.
C.
Plaintiffs and members of the classes recover l
the costs of this suit, including any expert witness fees, together with reasonable attorneys' fees.
D.
This Court award such exemplary damages as are appropriate under the circumstances. - - - -, -
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f Respectfully submitted, HEPPORD, SWARTZ, MENAKER & WILT By: 7 m >
Lee' C. Swattz P. O. Box 889 Harrisburg, PA 1 109 (717) 234-4121 (Attorneys for Plaintif f Wallach)
RICHARD A. JAM SON, SQtSRE
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By:
m Richard A. Ja:neson/
100 Chestnut S brge Suite 206 Harriaburg, PA 17101 (717) 236-7999 (Attorney for Plaintiffs Hostetter, Barner, Barron, Jonas, Cumberland Woodcraf t, Co, Inc., Pocono Business Furniture, Inc., Forget-Me-Not, Inc.,
j Larry Welker Ford, Inci, Zimmerman, FMG Investments, Inc., Gettysburg l
Tours, Inc., Heritage Inns, Inc.,
and L. E. Smith Wholesale Distributors, Inc. )
STOCK &
ER By /
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/ Rayrpnd L. flowis i
35 South Duke Street York, PA 17401 (717) 843-8871 (Attorneys for Plaintiffs New Freedom l
Lumber Co., Inc., Baade, George, Hebel, P.G. Engineering, Chanceford Manor Village Sewage Co., Inc.,
Chanceford Manor Village Water Co.,
Inc., Bush, Tompkins, Duggan, Hutchinson and Young) l _
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- WIDOFF, ER, S WITI & ADLER, P.C.
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sys Theodore A. Adlef -
P. O. Box 1547 Harrisburg, PA 17105 (717) 763-1383 l
(Attorneys for Plaintiff Stibitz) e e
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