UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
June 27, 1985
HOPE PUNNETT AND IRENE HINKIE AND PAUL HINKIE, A MINOR, BY HIS PARENTS, HOWARD E. AND IRENE HINKIE, AND HOWARD E. HINKIE, ADMINISTRATOR OF THE ESTATE OF TIMOTHY HINKIE, DECEASED, ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANTS
UNITED STATES OF AMERICA, HAROLD BROWN, SECRETARY OF DEFENSE, JAMES R. SCHLESINGER, SECRETARY OF ENERGY, DR. JAMES LIVERMAN, DEPUTY ASSISTANT SECRETARY OF ENERGY, JOSEPH M. HENDRIE, CHAIRMAN, NUCLEAR REGULATORY COMMISSION, DAVID C. JONES, GENERAL, CHAIRMAN, JOINT CHIEFS OF STAFF, JOSEPH CALIFANO, JR., SECRETARY, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, HON. CLIFFORD L. ALEXANDER, JR., SECRETARY OF THE ARMY, DR. CLARENCE LUSHBAUGH, ADMINISTRATOR, MEDICAL DIVISION, OAK RIDGE ASSOCIATED UNIVERSITIES, DR. SIDNEY MARX, GOVERNMENT CONTRACT OFFICER, GLENN T. SEABORG, FORMER HEAD, ATOMIC ENERGY COMMISSION, AND CERTAIN OTHER PAST AND PRESENT OFFICERS OF THE U.S. DEPARTMENT OF DEFENSE, DEPARTMENT OF THE ARMY, AND THE FORMER ATOMIC ENERGY COMMISSION, WHO WILL BE NAMED AS DEFENDANTS WHEN ASCERTAINED, INDIVIDUALLY, AND IN THEIR OFFICIAL CAPACITIES, APPELLEES
On Appeal from the United States District Court for the Eastern District of Pennsylvania
After the administrative remedies have been pursued, the district court, sua sponte or on motion, may lift the stay and, if appropriate, entertain a motion to dismiss or permit the matter to be litigated on its merits.
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