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UNITED STATES DEPT. OF INTERIOR v. ELLIOTT

No. 84-1826.

761 F.2d 168 (1985)

UNITED STATES DEPARTMENT OF INTERIOR, Appellant, v. James W. ELLIOTT, Jr., Trustee, Appellee. In re ELKINS ENERGY CORP., Debtor.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1985.

Attorney(s) appearing for the Case

Thomas W.B. Porter, Washington, D.C. (William Kanter, Tracy J. Whitaker, Dept. of Justice, Washington, D.C., Robert S. More, Sp. Asst. U.S. Atty., Knoxville, Tenn., Milo Mason, Dept. of the Interior, Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for appellant.

Kurt J. Pomrenke, Bristol, Va. (James W. Elliott, Jr., White, Elliott & Bundy, Bristol, Va., on brief), for appellee.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Appellant United States Department of the Interior (DOI) appeals from the district court's decision, which affirmed the bankruptcy court, denying its claim for an administrative expense for penalties assessed against the debtor in possession for postpetition violations of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (1983) (Surface Mining Act). The sole issue raised by this appeal is whether...

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