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APPOLO FUELS, INC. v. U.S.

No. 03-5088.

381 F.3d 1338 (2004)

APPOLO FUELS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied October 7, 2004.

Attorney(s) appearing for the Case

James R. Golden, Denham, Golden and Nagle, of Middlesboro, KY, argued for plaintiff-appellant. Of counsel was Keith A. Nagle.

Mark R. Haag, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Thomas L. Sansonetti, Assistant Attorney General; and Dorothy R. Burakreis, Attorney.

Before SCHALL, DYK, and PROST, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 7, 2004.*

DYK, Circuit Judge.

Appellant Appolo Fuels, Inc. ("Appolo") seeks recovery for both a permanent and a temporary regulatory taking of its surface mining leases. It claims that a permanent taking occurred when the Office of Surface Mining Reclamation and Enforcement ("OSM") designated the lands subject to its leases as unsuitable for mining pursuant to 30 U.S.C. § 1272...

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