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ALABAMA SURFACE MINING RECLAMATION COM'N v. CORDOVA CLAY CO.

Civ. 3660.

434 So.2d 283 (1983)

ALABAMA SURFACE MINING RECLAMATION COMMISSION v. CORDOVA CLAY COMPANY, INC.; Beaird Coal Company, Inc.

Court of Civil Appeals of Alabama.

June 8, 1983.

Attorney(s) appearing for the Case

Paul M. Heffler, Asst. Atty. Gen., for appellant.

Phil Laird and H.C. Wiley, Jr., Jasper, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a declaratory judgment action.

Two surface mining corporations (the operators) sought a determination of the applicability to their operations of the Alabama Surface Mining Reclamation Act of 1975, §§ 9-16-30 to -53, Code of Alabama 1975, and a decision as to whether the Alabama Surface Mining Reclamation Commission (the commission) had the authority to enforce the provisions of that act against the...

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