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M & J COAL CO. v. U.S.

No. 94-5081.

47 F.3d 1148 (1995)

M & J COAL COMPANY and Monongah Development Company, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 15, 1995.

Attorney(s) appearing for the Case

Edgar F. Heiskell, III, Charlestown, WV, argued, for plaintiffs-appellants.

Jeffrey P. Kehne, Environment & Natural Resources Division, Dept. of Justice, Washington, DC, argued, for defendant-appellee. With him on the brief were Lois J. Schiffer, Acting Asst. Atty. Gen., James E. Brookshire, Gregory D. Page and Albert M. Ferlo, Jr. Also on the brief were Thomas A. Bovard, Jean R. Goldfarb and John Jasper, Office of Sol., U.S. Dept. of Interior, Washington, DC, of counsel.

Before MAYER, Circuit Judge, BENNETT, Senior Circuit Judge, and LOURIE, Circuit Judge.

LOURIE, Circuit Judge.

M & J Coal Company and Monongah Development Company (collectively "M & J") appeal from a judgment of the United States Court of Federal Claims granting the government's motion for summary judgment. M & J Coal Co. v. United States, 30 Fed.Cl. 360 (1994). Because M & J failed to establish that the government's action in regulating its coal mining operations effected a taking of private property without compensation in violation...

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