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KRUEGER v. MORTON

No. 75-1456.

539 F.2d 235 (1976)

Max L. KRUEGER, Appellant, v. Rogers C. B. MORTON, Secretary of the Interior.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 1976.

Attorney(s) appearing for the Case

Lynn R. Coleman, Washington, D. C., with whom Michael J. Henke, Washington, D. C., was on the brief for appellant.

John J. Zimmerman, Atty. Dept. of Justice, Washington, D. C., with whom Jacques B. Gelin, Atty. Dept. of Justice, Washington, D. C., was on the brief for appellee. Wallace H. Johnson, Asst. Atty. Gen., Washington, D. C., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and CHRISTENSEN, United States Senior District Judge for the District of Utah.

Opinion for the Court filed by CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.*

Concluding that the pause ordered by the appellee Secretary in the issuance of coal prospecting permits, although protracted as it turned out, neither required an environmental impact statement nor constituted an abuse of the discretion afforded by relevant statutes, we affirm a summary judgment granted by the district court which dismissed...

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