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UNITED STATES v. FOWLER

No. 80-1259.

646 F.2d 859 (1981)

UNITED STATES of America, Appellant, v. F. Boyd FOWLER, d/b/a Fowler & Chaney Coal Company and Glen A. Smith, d/b/a Loose Jaw Coal Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1981.

Rehearing and Rehearing Denied July 2, 1981.

Attorney(s) appearing for the Case

John S. Edwards, U. S. Atty., Enoch E. Ellison, Sp. Asst. U. S. Atty., Roanoke, Va. (Thomas R. King, Jr., Asst. U. S. Atty., Roanoke, Va., on brief), for appellant.

Eugene K. Street, Grundy, Va. (Street, Street & Street, Grundy, Va., on brief), and Thomas W. McCandlish, Richmond, Va. (Richard L. Williams, Robert E. Payne, McGuire, Woods & Battle, Richmond, Va., on brief), for appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and MERHIGE, District Judge.

Rehearing and Rehearing En Banc Denied July 2, 1981.

ERVIN, Circuit Judge:

The government appeals denial of its motion for partial summary judgment, the district court, 484 F.Supp. 843 having certified an issue as a controlling question of law, which permits an interlocutory appeal under 28 U.S.C. § 1292(b). We affirm.

I.

Between 1970 and 1976, the Secretary of the Interior (the Secretary) inspected...

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