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UNITED STATES v. BOLTON

No. 84-5891.

781 F.2d 528 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Pryor BOLTON and Glenn McCullah, d/b/a Pryor & Glenn Coal Company, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 27, 1985.

Attorney(s) appearing for the Case

David A. Burkhalter, II, Knoxville, Tenn., for defendants-appellants.

Robert S. More, U.S. Dept. of Interior, John W. Gill, U.S. Atty., Knoxville, Tenn., Albert M. Ferlo, Jr., David C. Shilton, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Claire L. McGuire, for plaintiff-appellee.

Before MARTIN, JONES and WELLFORD, Circuit Judges.

PER CURIAM.

Defendants Pryor Bolton and Glenn McCullah, d/b/a Pryor and Glenn Coal Company (P & G Coal), appeal from a final judgment entered in favor of the United States for $199,800 plus interest in this action for the collection of civil penalties assessed against defendants pursuant to 30 U.S.C. § 1268(d), a part of the Surface Mining Control and Reclamation Act of 1977 (Act).

The district court, after granting partial summary judgment to the...

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