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HAYDO v. AMERIKOHL MIN., INC.

No. 86-3767.

830 F.2d 494 (1987)

Donald H. HAYDO and Patricia A. Haydo, his wife, Appellants, v. AMERIKOHL MINING, INC.

United States Court of Appeals, Third Circuit.

Decided October 5, 1987.

Attorney(s) appearing for the Case

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

Timothy P. O'Brien (argued), Sikov and Love, P.A., Pittsburgh, Pa., for appellee.

Before SEITZ and MANSMANN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal presents the question of whether there is subject matter jurisdiction in the federal district court to hear a claim for damages arising from an alleged violation by an operator of the Surface Mining Control and Reclamation Act ("SMCRA"), as amended, 30 U.S.C. 1201, et seq. where a state has submitted and the Secretary of the Interior has approved a program for state regulation as contemplated...

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