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SECRETARY OF INT., U. S. DEPT. OF INTERIOR v. SHINGARA

Civ. No. 76-505.

418 F.Supp. 693 (1976)

SECRETARY OF the INTERIOR, UNITED STATES DEPARTMENT OF the INTERIOR, Plaintiff, v. Edward SHINGARA et al., Defendants.

United States District Court, M. D. Pennsylvania.

As Amended October 7, 1976.

Attorney(s) appearing for the Case

Laurence M. Kelly, Asst. U. S. Atty., Scranton, Pa., for Secretary of the Interior.

Myron M. Moskowitz, Shamokin, Pa., for defendants.

OPINION

MUIR, District Judge.

The above matter is before the Court on a case stated. Both parties agree that there are no genuine issues of material fact and that a decision on a motion for summary judgment under F.R.Civ.P. 56 is appropriate. Both parties have filed such motions.

Edward and Frederick Shingara, the Defendants, operate an underground coal mine located near Treverton, Northumberland County, Pennsylvania. They are, at this time, the...

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