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RAMEX MIN. CORP. v. WATT

Nos. 83-5299, 83-5305.

753 F.2d 521 (1985)

RAMEX MINING CORPORATION (83-5299), Gabriel Energy Corporation (83-5305), Plaintiffs-Appellants, and The Stearns Company (83-5299), Intervening Plaintiff-Appellant, v. James WATT, Secretary of Interior; Paul Reeves, Acting Director; Andrew Bailey, Acting Director, Office of Surface Mining Reclamation & Enforcement; David C. Short, Region II, Office of Surface Mining Reclamation & Enforcement, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1985.

Attorney(s) appearing for the Case

Ben B. Fowler, argued, William H. Gorin, Stites & Harbison, Bruce F. Clark, Frankfort, Ky., for plaintiffs-appellants.

Louis DeFalaise, U.S. Atty., Jane E. Graham, Asst. U.S. Atty., argued, Lexington, Ky., for defendants-appellees.

Before STEWART, Associate Justice (Retired), ENGEL and MERRITT, Circuit Judges.

MERRITT, Circuit Judge.

In each of these two cases against the Secretary of the Interior, a coal mining company proposes to mine coal under the surface of land owned and maintained by the federal government as forest land. The mining company claims a valid royalty lease of the mineral estate from the successor in interest of the original owner who reserved the mineral estate when he sold the fee interest in the land to the government. Each case arises under the Surface...

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