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CLINCHFIELD COAL CO. v. HODEL

Civ. A. No. 85-0113-A.

640 F.Supp. 334 (1985)

CLINCHFIELD COAL COMPANY, Plaintiff, v. Donald HODEL, Secretary of the United States Department of Interior and United States Department of Interior, Defendants.

United States District Court, W.D. Virginia, Abbington Division.

On Motion for Reconsideration September 25, 1985.

Attorney(s) appearing for the Case

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

Elizabeth S. Tonkin, Judith A. Williams, Office of the Field Solicitor, U.S. Dept. of the Interior, Knoxville, Tenn., Morgan Scott, Asst. U.S. Atty., Abingdon, Va., Donald Hodel, Secretary Dept. of the Interior, Washington, D.C., for defendants.

MEMORANDUM OPINION

KISER, District Judge.

Plaintiff Clinchfield Coal Company seeks review of an adverse determination of Administrative Law Judge McGuire which denied Clinchfield Coal's Motion for Temporary Relief. The jurisdiction of this Court is based on 30 U.S.C. § 1276(c) and 43 C.F.R. § 4.1267(b).

I. Statement of Facts

Clinchfield Coal Company is the permitee of a surface coal mining operation located in Dickenson...

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