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ARCH MINERAL CORP. v. BABBITT

No. 95-2793.

104 F.3d 660 (1997)

ARCH MINERAL CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Bruce BABBITT, Secretary, United States Department of the Interior; Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of the Interior, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1997.

Attorney(s) appearing for the Case

ARGUED: John Thompson Stahr, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellants. Michael Bruce Victorson, Robinson & McElwee, Charleston, WV, for Plaintiff-Appellee. ON BRIEF: Lois J. Schiffer, Assistant Attorney General, Martin W. Matzen, Richard M. Hall, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Richard N. McNeer, Steven C. Barcley, Office of the Solicitor, United States Department of the Interior, Washington, D.C., for Defendants-Appellants. Christopher B. Power, Robinson & McElwee, Charleston, WV; Blair M. Gardner, Senior Counsel, Arch Mineral Corporation, St. Louis, MO, for Plaintiff-Appellee.

Before ERVIN and HAMILTON, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge SPENCER joined.

OPINION

ERVIN, Circuit Judge:

Bruce M. Babbitt, Secretary of the Interior, United States Department of the Interior, appeals from a decision of the United States District Court for the Southern District of West Virginia granting summary judgment in favor of Arch Mineral Corporation and granting the company's motion for a permanent injunction...

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