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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

No. 91-0007-B.

892 F.Supp. 136 (1995)

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

United States District Court, W.D. Virginia, Big Stone Gap Division.

May 24, 1995.

Attorney(s) appearing for the Case

Walton Davis Morris, Jr., Charlottesville, VA, Daniel Robert Bieger, Copeland, Molinary & Bieger, P.C., Abingdon, VA, for Jo D. Molinary.

Timothy Ward Gresham, Penn, Stuart, Eskridge & Jones, Abingdon, VA, Stephen M. Hodges, Penn, Stuart, Eskridge & Jones, Abingdon, VA, for Wax Coal Co., Powell Mountain Coal Inc.

MEMORANDUM OPINION

WILSON, District Judge.

This is a class action citizen suit for damages pursuant to § 520(f), 30 U.S.C. § 1270(f), of the Surface Mining Control and Reclamation Act (SMCRA), by class representative Jo. D. Molinary (Molinary) against Powell Mountain Coal Company, Inc., d/b/a Wax Coal (Wax Coal).1 The class — known as the "Pruitt heirs"—owns more than a 99 percent undivided interest...

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