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  5. 566 N.E.2d 813 (1991)
 

OLD BEN COAL CO. v. DEPT. OF MINES & MIN.

No. 5-89-0352.

566 N.E.2d 813 (1991)

207 Ill. App.3d 1088

152 Ill.Dec. 936

OLD BEN COAL COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF MINES AND MINERALS, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

January 25, 1991.

Attorney(s) appearing for the Case

Jeffrey C. Conrad, Cleveland, Ohio, Terry R. Black, Campbell, Black, Carnine & Hedin, Mount Vernon, for plaintiff-appellant.

Neil F. Hartigan, Atty. Gen., Robert J. Ruiz, Sol. Gen., Chicago (Jennifer A. Keller, Asst. Atty. Gen., of counsel), for defendant-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, Old Ben Coal Company, appeals from an order of the circuit court of Franklin County affirming the holding of a hearing officer of defendant, Department of Mines and Minerals. In this cause, plaintiff argues that while under an interim permit granted by defendant, it is not bound by the permanent regulations. We affirm.

The Congress enacted the Surface Mining Control and Reclamation Act of 1977...

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