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UNITED STATES v. MOORE

Civ. A. No. 2:86-0724.

640 F.Supp. 164 (1986)

UNITED STATES of America, Plaintiff, v. Arch A. MOORE, Jr., et al, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 22, 1986.

Attorney(s) appearing for the Case

Sarah G. Sullivan and Gary E. Pullin, Asst. U.S. Attys., Charleston, W. Va., F. Henry Habicht, II and Dorothy R. Burakries, Attys., Land & Resources Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Charles G. Brown, Atty. Gen., Kristi Treadway, Deputy Atty. Gen., Environment & Energy Div., Barbara Freedy, Deputy Atty. Gen., Dept. of Health, Charleston, W. Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending in this declaratory judgment action is the motion of the Defendants to dismiss and the motion of the Plaintiff for summary judgment. The parties have briefed the issues and presented oral argument. The Court, finding no genuine issue of material fact, grants the motion of the Plaintiff for the reasons set forth herein.

I. Background

The facts relevant to the Court's decision...

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