U.S. v. AIKEN

No. 86-6272.

867 F.2d 965 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Inez AIKEN, Executrix of the Estate of L.D. Aiken, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 16, 1989.


Attorney(s) appearing for the Case

Roger R. Cowden (argued), Fowler, Measle and Bell, Elizabeth S. Feamster, Lexington, Ky., for defendant-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., and David B. Parks and Courtney W. Shea (argued), Sp. Asst. U.S. Attys., U.S. Dept. of Interior, Knoxville, Tenn., for plaintiff-appellee.

Before MARTIN, GUY and NELSON, Circuit Judges.


PER CURIAM.

The appellant, Inez Aiken, Executrix of the Estate of L.D. Aiken, appeals a district court order denying motions to dismiss and for relief from a permanent injunction entered against her husband, prior to his death, in an action brought by the United States under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328. Mrs. Aiken raises four issues: (1) whether the judgment abated...

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