Newspaper: The Patriot
Date: April 5, 1979
Title: TMI Suit is Filed, Withdrawn
Author: Bill Pennewill, Staff Writer

An Etters area couple have withdrawn their class-action civil suit filed in federal court against Metropolitan Edison Co., and Babcock and Wilcox in the wake of the accident at the Three Mile Island nuclear generating station.

The suit-seeking to shut the plant and gain compensation for everyone living within a five-mile radius of Three Mile Island-was filed Monday in the U.S. Middle District Court office in Scranton by James A. and Mary Ann Callahan of Etters RD 1 and withdrawn Tuesday, according to officials.

Callahan, who lives within five miles of the nuclear reactor, Tuesday refused to discuss the case.

“I’d just as soon not talk about it,” Callahan said, noting he had sent his family out of the danger area.

Paul Riffle, of the Athens Law firm of Riffle and Foster, attorney for the Callahans, said no specific monetary claim was contained in the “short-lived suit” seeking damages from MetEd and Babcock and Wilcox, supplier of the Unit 2 reactor at Three Mile Island.

Riffle said issues in the suit include the question of negligence in design, manufacture, construction and operation of Three Mile Island.

He said other issues raised in the civil action include:

–Whether operation of the nuclear power plant constitutes an ultra-hazardous activity
–Whether operation of TMI constitutes a nuisance
–Whether members of the plaintiff class should be compensated for damage to property because of direct contamination.