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MULLINS COAL CO. v. CLARK

No. 85-1042.

759 F.2d 1142 (1985)

MULLINS COAL COMPANY, Appellee, v. William P. CLARK, Secretary, Department of Interior, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1985.

Attorney(s) appearing for the Case

David C. Shilton, Washington, D.C. (Maria A. Iizuka, Dept. of Justice, F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., John P. Alderman, U.S. Atty., Morgan E. Scott, Jr., Asst. U.S. Atty., Roanoke, Va., Elizabeth S. Tonkin; U.S. Dept. of the Interior, Knoxville, Tenn., Harold P. Quinn, Asst. Sol., Washington, D.C., on brief), for appellant.

Dennis E. Jones, Lebanon, Va., for appellee.

Before WINTER, Chief Judge, and SPROUSE and WILKINSON, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

The Secretary of the Interior appeals from an order of the district court preliminarily enjoining him from enforcing against Mullins Coal Company (Mullins) a cessation order issued pursuant to 30 U.S.C. § 1271(a)(3). 600 F.Supp. 645. Because Mullins failed to exhaust available administrative remedies, as contemplated by the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §...

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