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MARTIN v. HODEL

Civ. A. No. 88-0133-B.

692 F.Supp. 637 (1988)

W.D. MARTIN, d/b/a Martin Coal Co., Plaintiff, v. Donald HODEL, Secretary of the U.S. Dept. of Interior and U.S. Dept. of Interior, Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 11, 1988.

Attorney(s) appearing for the Case

Elsey A. Harris, III, Norton, Va., for plaintiff.

J. Nicholas Holt, Knoxville, Tenn., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This is a suit to enjoin the federal defendants from prosecuting the plaintiff for violating the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.A. §§ 1201-1328 (West 1986 & Supp.1988) (The Act). Initially, this court has jurisdiction to determine its jurisdiction, an issue raised by the defendant. Texas & Pacific Ry. v. Gulf, Colorado & Santa Fe Ry.,

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