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NATURAL RESOURCES COM'N v. AMAX COAL CO.

Nos. 49S04-9408-CV-684, 49S04-9408-CV-684.

638 N.E.2d 418 (1994)

THE NATURAL RESOURCES COMMISSION OF THE STATE OF INDIANA, the Indiana Department of Natural Resources, and Jack L. Jarrett, Appellants, v. AMAX COAL COMPANY AND AMAX COAL INDUSTRIES, Inc., Appellees. Indiana Department of Natural Resources, Natural Resources Commission, Bureau of Mine Reclamation, Division of Reclamation, Patrick R. Ralston, As Director of the Indiana Department of Natural Resources, Mike Long, As Deputy Director of the Bureau of Mine Reclamation, and Mike Sponsler, As Director of the Division of Reclamation, Appellants, v. State ex rel. B & Ls Contracting, Inc., and Shand Mining, Inc., Appellees.

Supreme Court of Indiana.

Rehearing Denied November 1, 1994.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Div. of Reclamation, Indianapolis, for state.

Max E. Goodwin, Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, David H. Pope, Carr, Tabb & Pope, Atlanta, for appellant Jack L. Jarrett.

G. Daniel Kelly, Jr., W.C. Blanton, Deward P. Steegmann, Ice Miller Donadio & Ryan, Indianapolis, for appellees.

ON PETITION TO TRANSFER

DeBRULER, Justice.

AMAX Coal Company and AMAX Industries, Inc. (AMAX) petitioned for court review of the administrative actions of the Natural Resources Commission (NRC), the enforcement arm of the Indiana Department of Natural Resources (DNR). The Marion Superior Court held for AMAX and remanded the case to the NRC for proceedings consistent with the trial court's instructions. In a case involving a similar issue, B & LS Contracting...

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