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B & M COAL v. OFFICE OF SURFACE MIN. RECLAMATION

No. 82-1380.

699 F.2d 381 (1983)

B & M COAL CORPORATION, Plaintiff, Counter-Defendant-Appellant, v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, Defendant, Counter-Claimant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1983.

Attorney(s) appearing for the Case

Halbert W. Kunz, Kunz & Kunz, S. Gregory Zubel, Kunz & Kunz, Indianapolis, Ind., for plaintiff.

Robert L. Klarquist, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant.

Before PELL, Circuit Judge, SWYGERT, Senior Circuit Judge, and MAROVITZ, Senior District Judge.

SWYGERT, Senior Circuit Judge.

The issue in this appeal is whether section 518(c) of the Surface Mining Control and Reclamation Act of 1977 ("the Act"), 30 U.S.C. § 1268(c), which requires an escrow deposit of a proposed penalty assessment prior to a formal hearing, is unconstitutional as violative of procedural due process rights secured by the fifth amendment. Given the procedural and administrative safeguards provided by the Act and various regulations, the...

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