W. H. PUGH COAL CO. v. UNITED STATES

No. 73-C-489.

418 F.Supp. 538 (1976)

W. H. PUGH COAL COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant, and State of Wisconsin, Defendant-Intervenor.

United States District Court, E. D. Wisconsin.

August 6, 1976.


Attorney(s) appearing for the Case

Victor M. Harding, Milwaukee, Wis., for plaintiff.

William E. Callahan, Jr., Asst. U. S. Atty., Milwaukee, Wis., John E. Kofron, Asst. Atty. Gen., Madison, Wis., for defendant.


DECISION and ORDER

MYRON L. GORDON, District Judge.

There are three motions now before the court. Two of the motions are applications for summary judgment, but such motions need not be resolved here because the court is persuaded that the third motion, the intervenor's application for dismissal, should be granted. The latter motion was brought by the state, and it is based on an alleged absence of jurisdiction over the subject matter in this court.

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