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STURGEON MIN. CO. v. WHYMORE COAL CO.

No. 94-SC-1016-I.

892 S.W.2d 591 (1995)

STURGEON MINING COMPANY, INC., Petitioner, v. WHYMORE COAL COMPANY, INC., Natural Resources and Environmental Protection Cabinet, Department of Highways of the Transportation Cabinet and Owsley County, Respondents.

Supreme Court of Kentucky.

February 16, 1995.

Attorney(s) appearing for the Case

Everett W. Currier, Beattyville, J. Warren Keller, Taylor, Keller & Dunaway, London, Elizabeth R. Short, Rose & Short, Beattyville, for petitioner.

William C. Stambaugh, Farmer and Farmer, London, Mark Alan Posnansky, Dept. of Law, Natural Resources and Environmental Protection Cabinet, Frankfort, for respondents.

SPAIN, Justice.

Sturgeon Mining Company, Inc., petitions this court to reverse an order of interlocutory relief entered by the Court of Appeals pursuant to Rule 65.07.

Briefly, the facts are as follows: As the result of a complaint from the Department of Highways, the Natural Resources and Environmental Protection Cabinet (hereinafter "Natural Resources") issued two Notices of Non-Compliance which cited Sturgeon with violations of 405 KAR 7:040 in its mining...

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