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PEABODY COAL v. IND. DEPT. NAT. RESOURCE

No. 87A01-9402-CV-36.

640 N.E.2d 435 (1994)

PEABODY COAL Company Appellant-Petitioner v. INDIANA DEPARTMENT OF NATURAL RESOURCES APPELLEE-RESPONDENT.

Court of Appeals of Indiana, First District.

Rehearing Denied November 29, 1994.

Attorney(s) appearing for the Case

David R. Joest, Henderson, KY, for appellant.

Pamela Carter, Atty. Gen., Myra P. Spicker, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

Peabody Coal Company appeals from the judgment of the trial court which affirmed the final order of the Administrative Law Judge of the Natural Resources Commission (ALJ). Peabody raises two issues on appeal, but our resolution of the first is dispositive:

Whether the Administrative Law Judge erred in holding that a provision of Peabody Coal Company's approved mining permit required that the side slopes of a temporary diversion ditch be...

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