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SHAWNEE COAL CO. v. ANDRUS

No. 80-3220.

661 F.2d 1083 (1981)

SHAWNEE COAL COMPANY, Plaintiff-Appellee, v. Cecil D. ANDRUS, Secretary of the Interior, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1981.

Attorney(s) appearing for the Case

James E. Rattan, Asst. U. S. Atty., Columbus, Ohio, Nancy B. Firestone, Michael A. McCord, James W. Moorman, Dept. of Justice, Land Division, Washington, D. C., for defendants-appellants.

C. William O'Neill, Thomas B. Ridgley, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for plaintiff-appellee.

Before ENGEL and JONES, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

The issue in this case is whether the district court erred in asserting jurisdiction over an action to enjoin the Secretary of the Interior from enforcing certain provisions of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201, et seq. In response to the Secretary's issuance of cessation orders against its tippling operations and without exhausting administrative remedies, Shawnee Coal Co....

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