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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

Civ. A. No. 91-0007-B.

832 F.Supp. 169 (1993)

Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff, v. POWELL MOUNTAIN COAL COMPANY, INC., d/b/a Wax Coal Company, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

September 30, 1993.

Attorney(s) appearing for the Case

Daniel Robert Bieger, Abingdon, VA, Walton Davis Morris, Jr., Charlottesville, VA, for plaintiff.

Timothy Ward Gresham and Stephen M. Hodges, Abingdon, VA, for defendant.

MEMORANDUM OPINION AND ORDER

WILSON, District Judge.

This is a class action citizen suit for damages pursuant to 30 U.S.C. § 1270(f) by class representative Jo D. Molinary1 ("Molinary") against defendant Powell Mountain Coal Company, Inc., d/b/a Wax Coal Company ("Wax Coal"). Molinary alleges that Wax Coal fraudulently obtained a mining permit to strip mine property, thus violating the Surface Mining Control and Reclamation...

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