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BLACKHAWK MINING CO., INC. v. ANDRUS

No. 82-5141.

711 F.2d 753 (1983)

BLACKHAWK MINING COMPANY, INC., Plaintiff-Appellant, v. Cecil D. ANDRUS, Secretary, Department of the Interior and United States of America, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 20, 1983.

Attorney(s) appearing for the Case

Dan Jack Combs, Combs & Lester, Patricia Bartley (argued), Pikeville, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Jane E. Graham, Asst. U.S. Atty., Lexington, Ky., Christopher Harris, Atty., Policy, Legislation and Sp. Lit. Sec., Land and Natural Resources Div., John C. Martin (argued), Dept. of Justice, Washington, D.C., for defendants-appellees.

Before ENGEL and CONTIE, Circuit Judges, and SWYGERT, Senior Circuit Judge.

PER CURIAM.

Blackhawk Mining Company, Inc. ("Blackhawk"), a Kentucky surface mining company, appeals from a summary judgment against it sustaining the constitutionality of section 518(c) of the Surface Mining Control and Reclamation Act of 1977 ("the Act"), 30 U.S.C. § 1268(c). Blackhawk argues that this section's requirement of prepayment of proposed penalty assessments into escrow as a condition for formal review violates procedural due process under the Fifth...

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