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U.S. v. WHIZCO, INC.

No. 87-5317.

841 F.2d 147 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. WHIZCO, INC., et al. Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1988.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Gerald A. Thornton, Sp. Asst. U.S. Atty., U.S. Dept. of Interior, Knoxville, Tenn., Jacques B. Gelin (argued), Appellate Section, Land & Natural Resources Div., U.S. Dept. of Justice, Robert L. Klarquist, Washington, D.C., for plaintiff-appellant.

John F. Weaver (argued), Lawrence H. Bidwell, IV, Knoxville, Tenn., for defendants-appellees.

Before MERRITT, KENNEDY and KRUPANSKY, Circuit Judges.

KENNEDY, Circuit Judge.

Plaintiff-appellant the United States ("plaintiff") appeals from the judgment of the District Court denying the plaintiff an injunction against defendant-appellee Donovan Lueking ("defendant"). The plaintiff sought to enjoin defendants Whizco, Inc. ("Whizco"), a coal company, and Lueking, its operator, to obey orders of the Secretary of the Interior requiring the defendants to satisfy their statutory obligation to reclaim their abandoned coal...

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