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CORDERO MIN. CO. v. VANDYKE

Civ. A. No. 87-0175-A.

690 F.Supp. 1497 (1988)

CORDERO MINING CO., Oakwood Red Ash Coal Corp., Jewell Smokeless Coal Corp., Plaintiffs, v. Thomas K. VANDYKE, James Ray Vandyke, Diddle-Bird Explosives, Inc., Donald Hodel, Secretary, U.S. Dept. of the Interior, Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

June 21, 1988.

Attorney(s) appearing for the Case

Dennis E. Jones, Lebanon, Va., for plaintiffs.

Timothy W. Gresham, James E. Jones, Abingdon, Va., for Vandykes and Diddle-Bird.

Paul Molinar, Charles P. Gault, Sp. Asst. U.S. Attys., Knoxville, Tenn., for Dept. of Interior.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case concerns the jurisdiction of the court pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. A. § 1201, et seq. (hereinafter "Act"). The plaintiffs seek a court order allowing them entry onto the Vandykes' land to accomplish reclamation required of them by the Act. The Secretary of the Interior has filed a counterclaim and crossclaim seeking the same relief...

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