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TENNESSEE CONSOL. COAL CO. v. ANDRUS

No. 81-5350.

690 F.2d 588 (1982)

TENNESSEE CONSOLIDATED COAL COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. Cecil D. ANDRUS, Secretary, U. S. Department of Interior, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 11, 1982.

Attorney(s) appearing for the Case

Michael W. Boehm, Chattanooga, Tenn., for plaintiff-appellant.

John H. Cary, U. S. Atty., John C. Littleton, Asst. U. S. Atty., Chattanooga, Tenn., Edward J. Shawaker, Thomas L. Riesenberg, U. S. Dept. of Justice, Appellate Section, Washington, D. C., Charles Gault, Knoxville, Tenn., for Andrus.

J. T. Begley, Field Sol., U. S. Dept. of Interior, Knoxville, Tenn., for Office of Surface Mining.

Before LIVELY, Circuit Judge, BROWN, Senior Circuit Judge, and SILER, District Judge.

PER CURIAM.

The plaintiff appeals from a judgment of the district court dismissing its action for an injunction. The district court dismissed "for failure to state a cause of action." The case was submitted to the court by stipulation of the parties that it could be decided upon the pleadings. The district court filed a memorandum setting forth its reasons for dismissal.

The plaintiff operates a coal preparation plant in Marion County, Tennessee which was...

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