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LEBER v. PA. DEPT. OF ENVIRONMENTAL RESOURCES

No. 85-5166.

780 F.2d 372 (1986)

James E. LEBER, Appellant, v. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES and United States Department of the Interior.

United States Court of Appeals, Third Circuit.

Decided January 6, 1986.

Attorney(s) appearing for the Case

Robert P. Ging, Jr., Lee R. Golden (argued), Pittsburgh, Pa., for appellant.

William F. Larkin (argued), Asst. Counsel, Pittsburgh, Pa., for Appellee Com. of Pa., Pa. Dept. of Environmental Resources.

Myles E. Flint, Acting Asst. Atty. Gen., Jacques B. Gelin, Alfred Ghiorzi, David C. Shilton (argued), Dept. of Justice, Washington, D.C., for appellee, U.S. Dept. of Interior.

Before HIGGINBOTHAM, SLOVITER and MANSMANN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

At issue is a matter of first impression regarding the scope of section 703 of the Surface Mining Control and Reclamation Act of 1977. The district court held that the provisions of that Act governing the employer-employee relationship were not applicable to state agencies, because the state was not shown to be a "person." The Interior...

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