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BROWN v. RED RIVER COAL CO.

Record No. 1397-87-3.

373 S.E.2d 609 (1988)

Danny R. BROWN, etc., et al. v. RED RIVER COAL COMPANY.

Court of Appeals of Virginia.

November 1, 1988.

Attorney(s) appearing for the Case

Mark W. Claytor, Lexington, for appellant.

Raymond E. Davis, Roanoke, for appellee.

Present: BAKER, COLEMAN and MOON, JJ.

MOON, Judge.

The Commonwealth appeals the judgment of the Circuit Court of Wise County vacating the Notice of Violation (NOV) issued to Red River Coal Company by the Virginia Division of Mined Land Reclamation (DMLR) pursuant to the Virginia Coal Surface Mining Control and Reclamation Act of 1979, Code § 45.1-226 et seq.

The issue raised on appeal is not whether the statute allows the state to impose money penalties on coal mine operators without...

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