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COTEAU PROPERTIES CO. v. DEPARTMENT OF INTERIOR

No. 94-1093.

53 F.3d 1466 (1995)

COTEAU PROPERTIES COMPANY, Appellant, v. DEPARTMENT OF INTERIOR; Bruce Babbitt, Secretary, United States Department of the Interior; Anne Shields, Acting Director, Office of Surface Mining, Reclamation and Enforcement, Appellees. North Dakota Public Service Commission, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1995.

Attorney(s) appearing for the Case

Joseph Michael Klise, Washington, DC, argued (John A. Macleod and Thomas C. Means, Washington, DC, Ernest R. Fleck and Charles S. Miller, Jr., Bismarck, ND, Thomas A. Koza and Andrew S. Good, Dallas, TX on the brief), for appellant.

Karen E. Skelton, Dept. of Justice, Washington, DC, argued (Martin W. Matzen and Stephen G. Bartell, on the brief), for appellee.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MAGILL, Circuit Judge.

Coteau Properties Company appeals the district court's denial of its motion for preliminary injunction and consolidated dismissal with prejudice on the merits. In this action for judicial review of a final agency decision by the Office of Surface Mining, Reclamation and Enforcement (OSM), Coteau argues that the final agency decision exceeded OSM's jurisdictional authority and was arbitrary, capricious and not in accordance with law, that the...

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