UNITED STATES v. STATE OF W. VA.

Nos. 83-1485, 83-1519.

764 F.2d 1028 (1985)

UNITED STATES of America, Appellee, v. STATE OF WEST VIRGINIA, Appellant. UNITED STATES of America, Appellant, v. STATE OF WEST VIRGINIA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1985.

Rehearing and Rehearing Denied July 31, 1985.


Attorney(s) appearing for the Case

Thomas W.B. Porter, Civil Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., David A. Faber, U.S. Atty., Charleston, W.Va., Leonard Schaitman and Tracy J. Whitaker, Civil Div., Dept. of Justice, Washington, D.C., on brief), for appellant.

J. Bradley Russell, Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., Richard L. Earles, Deputy Atty. Gen., on brief), for appellee.

Before RUSSELL, PHILLIPS and SNEEDEN, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 31, 1985.

DONALD RUSSELL, Circuit Judge:

On February 26, 1972, a coal waste dam, located on Buffalo Creek near Maris, West Virginia, was overrun by heavy rains and collapsed, releasing millions of gallons of water in a flood which caused more than 100 deaths, thousands of injuries and millions of dollars of property damages and left thousands homeless. The event is spoken of as the Buffalo Creek disaster. The Governor...

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