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CONTINENTAL COAL v. MO LAND RECLAMATION

No. WD 63936.

150 S.W.3d 371 (2004)

CONTINENTAL COAL, INC., Appellant, v. MISSOURI LAND RECLAMATION COMMISSION; City of Independence; Midwest Coal Resources, Inc.; Oswego Coal Co., Inc, Respondents.

Missouri Court of Appeals, Western District.

December 14, 2004.

Attorney(s) appearing for the Case

John K. Power, Kansas City, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Amy E. Randles, Timothy P. Duggan, Jefferson City, MO, for Respondent, MO Land Reclamation Comm.

Steven E. Mauer, Kansas City, for Respondent, City of Independence.

David A. Taylor, Jefferson City, MO, for Respondent, Oswego Coal, Inc.

Brian E. McGovern, Chesterfield, MO, for Respondent, Midwest Coal Resources.

Before LISA WHITE HARDWICK, P.J., ROBERT G. ULRI CH and THOMAS H. NEWTON, JJ.

THOMAS H. NEWTON, Judge.

This appeal stems from administrative proceedings involving the issuance of a permit to mine coal. Appellant Continental Coal, Inc. (CCI) contends that the director of the Missouri Land Reclamation Commission (LRC) improperly issued a permit that allows Oswego Coal Company, Inc. (Oswego) to mine certain coal reserves in Bates County known collectively as the Hume Mine. CCI contends that it holds an interest in the pertinent mining leases as...

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