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UNITED STATES v. KENNEDY

Nos. 84-1629, 84-1630, 84-2084, 84-2085.

806 F.2d 111 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Sam F. KENNEDY, d/b/a Energy Salvage Company, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Sam KENNEDY, Individually and d/b/a Energy Salvage Company, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Sam KENNEDY, d/b/a Energy Salvage Company, Defendant-Appellant. (Two Cases)

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1985.

Attorney(s) appearing for the Case

Duane D. Young, Costello, Long & Young, Springfield, Ill., for defendant-appellant.

Robert T. Coleman, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before ESCHBACH and FLAUM, Circuit Judges, and DOYLE, Senior District Judge.

PER CURIAM.

The Department of Interior (Department) instituted these two enforcement actions against appellant-Kennedy to collect certain fees and a fine levied under authority of the Surface Mining Control and Reclamation Act (SMCRA). The parties stipulated below to disposition by the magistrate, who ruled in the Department's favor after a bench trial. Kennedys' sole contention on appeal is that the SMCRA does not apply to his activities, and hence the Department...

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