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IN RE SEWANEE LAND, COAL AND CATTLE, INC.

Civ. A. No. 83-G-0910-E, Bankruptcy No. 82-1526.

34 B.R. 696 (1983)

In re SEWANEE LAND, COAL AND CATTLE, INC., L & R Coal Company, Inc., Debtors. OFFICE OF SURFACE MINING, UNITED STATES DEPARTMENT OF INTERIOR, Appellant, v. SEWANEE LAND, COAL & CATTLE, INC., L & R Coal Company, Inc., Appellees.

United States District Court, N.D. Alabama, E.D.

August 4, 1983.

Attorney(s) appearing for the Case

Frank W. Donaldson, U.S. Atty., N.D. Ala., Leon Kelly, Asst. U.S. Atty., Birmingham, Ala., Courtney Shea, U.S. Dept. of Interior, Knoxville, Tenn., Jack Rivers, U.S. Trustee, Birmingham, Ala., for appellant.

Thomas J. Knight, Anniston, Ala., for Sewanee.

Harry P. Long, Williams, Williams & Norton, Anniston, Ala., for L & R Coal.

MEMORANDUM OPINION

GUIN, District Judge.

This case comes before the district court on appeal by the defendant, Office of Surface Mining, United States Department of Interior ("OSM"), from the United States Bankruptcy Court, Northern District of Alabama. The bankruptcy court granted an injunction sought by the plaintiffs, Sewanee Land, Coal and Cattle, Inc. ("Sewanee"), and L & R Coal Company, Inc. ("L & R"), to prevent the defendant OSM from closing...

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