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DARTY DEVELOPMENT CO. v. OFFICE OF SURFACE MIN. RECLAMATION AND ENFORCEMENT

Civ. A. No. 85-C-0566-J.

632 F.Supp. 627 (1986)

DARTY DEVELOPMENT COMPANY, INC., Plaintiff, v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT; United States Department of Interior; Donald Hodel, Secretary of Interior; and Edwin Meese, Attorney General of the United States, Defendants.

United States District Court, N.D. Alabama, Jasper Division.

April 15, 1986.

Attorney(s) appearing for the Case

Edward R. Jackson, Tweedy, Jackson & Beech, Jasper, Ala., for plaintiff.

Charles Gault, Sp. Asst. U.S. Atty., Office of Field Sol., Knoxville, Tenn., for defendants.

MEMORANDUM OF OPINION

CLEMON, District Judge.

In this action under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq. ("the Act"), plaintiff Darty Development Company, Inc. ("Darty") contends that the Secretary of the Interior, ("the Secretary") acting through the Office of Surface Mining Reclamation and Enforcement ("OSM") has improperly suspended its mining operations in Carbon Hill, Alabama. Darty initially...

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