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VA. SURFACE MIN. & RECLAMATION ASS'N, INC. v. ANDRUS

Civ. A. No. 78-0224-B.

483 F.Supp. 425 (1980)

VIRGINIA SURFACE MINING AND RECLAMATION ASSOCIATION, INC., et al., Plaintiffs, v. Cecil D. ANDRUS, Secretary, U. S. Department of the Interior, et al., Defendants.

United States District Court, W. D. Virginia, Big Stone Gap Division.

Memorandum Opinion January 21, 1980.

Attorney(s) appearing for the Case

John Kilcullen, Kilcullen, Smith & Heenan, Washington, D. C., Robert T. Winston, Mullins, Winston & Roberson, Norton, Va., Roger L. Chaffe, Asst. Atty. Gen., Richmond, Va., for intervenor State of Va.

Kenneth P. Asbury, Wise, Va., for intervenor Town of Wise, Va.

Andrew Walch, Washington, D. C., Robert T. Copeland, Abingdon, Va., for intervenor Town of St. Charles, Va.

Stephen Greenberg, Pennington Gap, Va., Robert L. Bushnell, St. Paul, Wise, Va., for intervenor Va. Citizens for Btr. Reclamation.

COMPLAINT FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF

GLEN M. WILLIAMS, District Judge.

1. This action arises under the Constitution and statutes of the United States. This Court has jurisdiction of this action under Title 28 U.S.C. sections 1331 and 2201.

MEMORANDUM OPINION

This is an action in which plaintiffs seek a judgment declaring that various provisions of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §...

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