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WEST VIRGINIA HIGHLANDS CONSERV. v. ISLAND CREEK COAL CO.

No. 15028.

441 F.2d 232 (1971)

The WEST VIRGINIA HIGHLANDS CONSERVANCY, a non-profit corporation, Appellee, v. ISLAND CREEK COAL COMPANY, a corporation, and Frederick Dorrell, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1971.

Attorney(s) appearing for the Case

Eva R. Datz, Atty., Dept. of Justice (Walter Kiechel, Jr., Acting Asst. Atty. Gen., Shiro Kashiwa, Asst. Atty. Gen., and Edmund B. Clark, Atty. Dept. of Justice, on brief), for appellants.

James W. Moorman, Washington, D. C. (Willis O. Shay, and Steptoe & Johnson, Clarksburg, W. Va., and Frederick R. Anderson, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

West Virginia Highlands Conservancy (Conservancy) sought a preliminary and permanent injunction against Frederick Dorrell, Forest Supervisor of the Monongahela National Forest, and Island Creek Coal Company (Island Creek) to halt certain mining and timber-cutting activities in the Otter Creek area of the Monongahela National Forest in order to preserve the wilderness characteristics of that area. Pending trial on the issue of permanent relief...

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