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AMAX LAND CO. v. QUARTERMAN

No. 98-5367.

181 F.3d 1356 (1999)

AMAX LAND COMPANY, Appellee, v. Cynthia QUARTERMAN, Director, Minerals Management Service, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1999.

Attorney(s) appearing for the Case

Robert L. Klarquist, Attorney, United States Department of Justice, argued the cause for appellants. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and Andrew C. Mergen, Attorney.

Thomas R. Lundquist argued the cause and filed the brief for appellee.

Harold P. Quinn, Jr., L. Poe Leggette, and Glenn S. Benson were on the brief for amicus curiae National Mining Association.

Before: SILBERMAN, HENDERSON, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Amax Land Company, a lessee of federally owned coal-containing land, challenges the legality of a regulation adopted by the Minerals Management Service (MMS) and a payment order issued pursuant thereto. The regulation assesses interest on late coal lease payments at a higher rate than the government can earn on investments of its short term operating cash, and was interpreted...

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