UNITED STATES v. RAPOCA ENERGY CO.

Civ. A. No. 83-0038(A)(R).

613 F.Supp. 1161 (1985)

UNITED STATES of America, Plaintiff, v. RAPOCA ENERGY COMPANY, Defendant.

United States District Court, W.D. Virginia.

July 23, 1985.


Attorney(s) appearing for the Case

Robert S. Moore, Knoxville, Tenn., Morgan E. Scott, Asst. U.S. Atty., Abingdon, Va., for plaintiff.

Elsey A. Harris, III, Norton, Va., for defendant.


MEMORANDUM OPINION

TURK, Chief Judge.

This case, involving the question of ultimate liability for payment of reclamation fees by operators of coal mines, is before the court on cross motions for summary judgment. The government contends that the defendant, Rapoca Energy Company, as the owner of large coal reserves in Buchanan, Dickinson, and Wise Counties, Virginia, is obligated to pay, pursuant to the provisions of the Surface Mining Control and Reclamation...

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