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U.S. v. FINLEY

No. 86-5841.

835 F.2d 134 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley FINLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 10, 1987.

Attorney(s) appearing for the Case

John T. Aubrey (argued), Lyttle and Aubrey, Manchester, Ky., Gene Clark, Manchester, Ky., for defendant-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Karen Moore, Sp. Asst. U.S. Atty., U.S. Dept. of the Interior, Knoxville, Tenn., Vicki Plaut, Robert Klarquist, Dept. of Justice, Land and Natural Resources Div., Dianne Shawley (argued), U.S. Dept. of Environmental Enforcement, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WELLFORD and GUY, Circuit Judges; and HARVEY, Senior District Judge.

RALPH B. GUY, Jr., Circuit Judge.

Defendant, Stanley Finley, appeals the entry of summary judgment in favor of plaintiff in this action brought under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or Act), 30 U.S.C. § 1201, et seq. The district court determined that Finley's failure to exhaust administrative remedies, pursuant to 30 U.S.C. § 1268(c) of the Act, entitled plaintiff to judgment as a matter of law. For the reasons stated...

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