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SAVE OUR CUMBERLAND MOUNTAINS, INC. v. HODEL

No. 85-5984.

826 F.2d 43 (1987)

SAVE OUR CUMBERLAND MOUNTAINS, INC., et al. v. Donald P. HODEL, Secretary of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 1987.

Rehearing Granted October 14, 1987.

Attorney(s) appearing for the Case

John Alan Bryson, Atty., Dept. of Justice, with whom Robert Lawrence Klarquist, Atty., Dept. of Justice, Washington, D.C., was on the brief for appellants.

Joseph A. Yablonski, with whom L. Thomas Galloway, Washington, D.C., was on the brief for appellees. Daniel B. Edelman, Washington, D.C., entered an appearance for appellees.

Before WALD, Chief Judge, and GINSBURG and BORK, Circuit Judges.

Rehearing En Banc Granted October 14, 1987.*

Opinion for the Court filed by Circuit Judge BORK.

Concurring opinion filed by Circuit Judge RUTH BADER GINSBURG.

Opinion concurring in part and dissenting in part filed by Chief Judge WALD.

BORK, Circuit Judge:

This is an appeal from an award of attorneys' fees and expenses under the Surface Mining Control and Reclamation Act of 1977. The government challenges...

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