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GRAHAM v. OFFICE OF SURFACE MIN. RECLAM. & ENFORC.

No. 83-5103.

722 F.2d 1106 (1983)

Maynard C. GRAHAM and Graham Brothers Coal Co., Appellants, v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Allan E. MacLeod (Argued), Wymard & Dunn, Pittsburgh, Pa., for appellants.

Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., J. Alan Johnson, U.S. Atty., Joel B. Strauss, Asst. U.S. Atty., Pittsburgh, Pa., David C. Shilton, Kathleen P. Dewey, Donald Hornstein (Argued), Attys., Dept. of Justice, Washington, D.C., for appellee; Mimi Methvin, Dept. of the Interior, Charleston, W. Va., Harold P. Quinn, Dept. of the Interior, Washington, D.C., of counsel.

Before GIBBONS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Maynard Graham and Graham Brothers Coal Co. (Graham) appeal from an order granting summary judgment in favor of the Office of Surface Mining Reclamation and Enforcement (OSM). The district court upheld the constitutionality of Section 518(c) of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1268(c) (Supp. II 1978). Section 1268(c) provides, inter alia, that a mine operator, against whom...

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