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HORIZON COAL CORP. v. U.S.

No. 93-3948.

43 F.3d 234 (1994)

HORIZON COAL CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, Jerry Kohl d/b/a Kohl Industries, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 27, 1994.

Attorney(s) appearing for the Case

J. Douglas Drushal (argued and briefed), Steven J. Shrock (briefed), Critchfield, Critchfield & Johnston, Wooster, OH, for Horizon Coal Corp.

Jacques B. Gelin (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, James L. Bickett, Office of the U.S. Atty., Akron, OH, for U.S.

Leonidas E. Plakas, David L. Dingwell, Elizabeth Ann Raies (briefed), Tzangas, Plakas & Mannos, Canton, OH, for Jerry Kohl.

Before: GUY and BATCHELDER, Circuit Judges; and McKEAGUE, District Judge.

PER CURIAM.

A coal mine operator initiated this action seeking reimbursement of reclamation fees paid to the government. The district court granted the operator's motion for summary judgment and ordered the government to refund the fees with interest. The government appeals, arguing, inter alia, that the district court erred by (1) exercising jurisdiction over this matter; (2) holding that shale removed from the mine in question was "removed for purposes of...

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