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AMERIKOHL MIN., INC. v. U.S.

No. 89-1522.

899 F.2d 1210 (1990)

AMERIKOHL MINING, INC., Al Hamilton Contracting and Supply Co., Inc., and Central Pennsylvania Coal Company, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 10, 1990.

Attorney(s) appearing for the Case

Donald W. Howser, Pittsburgh, Pa., argued for plaintiffs-appellants. With him on the brief was Frank Mast.

Andrew C. Mergen, Dept. of Justice, of Washington, D.C., argued for defendant-appellee. Richard B. Stewart, Asst. Atty. Gen., John A. Bryson, Celia Campbell-Mohn and Angus E. Crane, Dept. of Justice, of Washington, D.C., were on the brief for defendant-appellee.

Before MAYER, Circuit Judge, BALDWIN, Senior Circuit Judge, and MILLS, Judge.

BALDWIN, Senior Circuit Judge.

Amerikohl Mining, Inc., Al Hamilton Contracting and Supply Co., Inc. and Central Pennsylvania Coal Company, Inc., ("Amerikohl") appeal the decision of the United States Claims Court, Nos. 433-88L, 441-88L and 442-88L, dismissing the appellants' consolidated complaints seeking reimbursement for reclamation fees allegedly paid in excess of the statutory requirement under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA")...

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