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MD. COAL ETC. CO. v. BUREAU OF MINES

[No. 24, October Term, 1949]

193 Md. 627 (1949)

69 A.2d 471

MARYLAND COAL & REALTY CO. ET AL. v. BUREAU OF MINES, ET AL.

Court of Appeals of Maryland.

Rehearing denied December 6, 1949.

Attorney(s) appearing for the Case

Walter C. Capper and William S. Jenkins, with whom were Capper and Jenkins on the brief, for the appellants.

Ward B. Coe, Jr., Assistant Attorney General, with whom were Hall Hammond, Attorney General, and Paul M. Fletcher, Assistant State's Attorney for Allegany County, on the brief, for the appellees.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

This suit for a declaratory decree and an injunction challenges the validity of the Maryland Strip Mining Act. Laws of 1947, Sp. Sess., ch. 16, Code Supp. 1947, art. 89, secs. 178-192.

Complainants are Maryland Coal and Realty Company, owner of bituminous coal land in Allegany County, and Tri-State Construction Company, lessee with the right to strip mine the coal from the land. Defendants are the Bureau...

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