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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

Nos. 96-1728, 96-1797.

125 F.3d 231 (1997)

Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff-Appellee, v. POWELL MOUNTAIN COAL COMPANY, INCORPORATED, d/b/a Wax Coal Company, Defendant-Appellant. National Mining Association; United States Of America, Amici Curiae. Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff-Appellant, v. POWELL MOUNTAIN COAL COMPANY, INCORPORATED, d/b/a Wax Coal Company, Defendant-Appellee. National Mining Association; United States Of America, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Stephen McQuiston Hodges, Penn, Stuart & Eskridge, Abingdon, VA, for Appellant. Ethan Gregory Shenkman, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for Amicus Curiae United States. Walton Davis Morris, Jr., Charlottesville, VA, for Appellee. ON BRIEF: Timothy W. Gresham, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellant. Daniel R. Bieger, Copeland, Molinary & Bieger, Abingdon, VA, for Appellee. Lois J. Schiffer, Assistant Attorney General, John T. Stahr, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for Amicus Curiae United States. Harold P. Quinn, Jr., National Mining Association, Washington, DC, for Amicus Curiae National Mining.

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.

OPINION

HAMILTON, Circuit Judge:

In this appeal, we consider whether § 520(f) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. § 1270(f), provides a federal cause of action for the recovery of dam ages resulting from violation of state regulations that are a...

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