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BERNOS COAL CO. v. LUJAN

Civ. No. 3-87-437.

739 F.Supp. 1133 (1989)

BERNOS COAL COMPANY and Excello Land and Mineral Corporation v. Manuel LUJAN, Secretary of the United States Department of the Interior, Office of Surface Mining and Reclamation and Enforcement, et al.

United States District Court, E.D. of Tennessee, N.D.

June 6, 1989.

Attorney(s) appearing for the Case

Joseph N. Clarke, Jr., Wagner, Myers & Sanger, P.C., Knoxville, Tenn., for plaintiffs.

John W. Gill, Jr., U.S. Atty., Charles P. Gault, Special Asst. U.S. Atty., U.S. Dept. of Interior, Knoxville, Tenn., for defendants.

ORDER

HULL, Chief Judge.

This is an appeal from a decision issued May 18, 1987, by the United States Department of Interior Board of Land Appeals. 30 U.S.C. § 1276(a)(2). In addition, the plaintiffs seek permanent injunctive relief against the defendants.

In 1978, the State of Tennessee issued Bernos Coal Company (Bernos) a surface mining permit, No. 78-148, to conduct mining in a previously mined area in Bledsoe County, Tennessee. Excello Land...

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