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NATIONAL COAL ASS'N v. HODEL

No. 85-6090.

825 F.2d 523 (1987)

NATIONAL COAL ASSOCIATION, et al., Appellants, v. Donald P. HODEL, U.S. Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 1987.

Attorney(s) appearing for the Case

Jerome H. Simonds, Washington, D.C., with whom Arnold Levy, Harvey A. Levin, John S. Lopatto, III and Thomas Altmeyer, were on the brief for appellants.

Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C., with whom Jacques B. Gelin, Atty., Dept. of Justice was on the brief for appellee, U.S. Secretary of the Interior.

Russell H. Carpenter, Jr., Washington, D.C., with whom Laird Hart was on the brief for appellees, Rocky Mountain Energy Co., et al.

Before WALD, Chief Judge, WILLIAMS, Circuit Judge and WILL, Senior District Judge.

Opinion for the Court Per Curiam.**

Concurring Opinion filed by Circuit Judge WILLIAMS.

PER CURIAM:

Section 206 of the Federal Land Policy and Management Act of 1976 ("FLPMA"), 43 U.S.C. § 1716 (1982), authorizes the Secretary of the Interior to dispose of a "tract of public land or interests therein ... by exchange ... where ... the public interest will be well served by making that exchange...." The National...

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