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WHITNEY BENEFITS, INC. v. U.S.

No. 90-5058.

926 F.2d 1169 (1991)

WHITNEY BENEFITS, INC. and Peter Kiewit Sons' Co., Plaintiffs-Appellees, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 2, 1991.

Suggestion for Rehearing Declined May 6, 1991.

Attorney(s) appearing for the Case

George W. Miller, Hogan & Hartson, Washington, D.C., argued for plaintiffs-appellees. With him on the brief were Jonathan L. Abram and Charles J. Felker.

James S. Burling, Ronald A. Zumbrun, Robin L. Rivett and John M. Groen, Pacific Legal Foundation, Sacramento, Cal., were on the brief for amicus curiae, Pacific Legal Foundation.

John A. Bryson, Department of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were Richard B. Stewart, Asst. Atty. Gen., Environment & Natural Resources Div., Lisa Hemmer and Michael P. Healy, attorneys. Also on the brief were Steven Brown, John Jasper, Jacques B. Gelin and Alfred T. Ghiorzi, Office of the Solicitor, Department of the Interior, Washington, D.C., of counsel.

Before MARKEY, NEWMAN and CLEVENGER, Circuit Judges.

Suggestion for Rehearing In Banc Declined May 6, 1991.

MARKEY, Circuit Judge.

Appeal from a judgment of the United States Claims Court (Smith, C.J.) that the United States (government) took a mineral estate (Whitney coal) from Whitney Benefits, Inc. and Peter Kiewit Sons' Co. (PKS) (collectively Benefits) upon enactment of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq. (SMCRA), and requiring payment...

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