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HOLMES LIMESTONE CO. v. ANDRUS

No. 80-3666.

655 F.2d 732 (1981)

HOLMES LIMESTONE CO., et al., Plaintiffs-Appellants, v. Cecil B. ANDRUS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1981.

Rehearing Denied September 29, 1981.

Attorney(s) appearing for the Case

J. C. Johnston, III, J. Douglas Drushal, Critchfield, Critchfield, Critchfield & Johnston, Wooster, Ohio, for plaintiffs-appellants.

Marcus P. McGraw, Mark Squillace, Dept. of Interior, Washington, D. C., Myra Spicker, Indianapolis, Ind., Dirk D. Snel, Peter R. Steenland, Jr., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WEICK and MERRITT, Circuit Judges and ENSLEN, U. S. District Judge.

WEICK, Circuit Judge.

This appeal is from a judgment of the District Court for the Northern District of Ohio, Eastern Division, dissolving a preliminary injunction which it had issued in favor of the appellants and then dismissing their complaint for declaratory and injunctive relief for lack of jurisdiction. In their complaint, the appellants had challenged the construction and application by the Secretary of Interior of the Surface Mining Control and Reclamation...

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