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PEABODY COAL CO. v. ANDRUS

No. C78-161K.

477 F.Supp. 120 (1979)

PEABODY COAL COMPANY, a Delaware Corporation, Plaintiff, v. Cecil D. ANDRUS, Secretary of the Interior, Guy Martin, Assistant Secretary, Land and Water Resources, Department of the Interior, Frank Gregg, Director, Bureau of Land Management, Department of the Interior, and the United States Department of the Interior, Defendants.

United States District Court, D. Wyoming.

September 19, 1979.

Attorney(s) appearing for the Case

Stanley K. Hathaway and Brent R. Kunz, Cheyenne, Wyo., for plaintiff Peabody Coal Co.

Toshiro Suyematsu, Asst. U. S. Atty., Cheyenne, Wyo., and Gerald S. Fish, Dept. of Justice, Washington, D. C., for defendants Cecil D. Andrus, et al.

ORDER REVERSING DECISION OF INTERIOR BOARD OF LAND APPEALS

KERR, Senior District Judge.

This is a review of a decision of the Interior Board of Land Appeals. The facts are not in dispute but are complex.

Between June 1, 1970 and December 1, 1970, in accordance with the provisions of Section 2 of the Mineral Leasing Act of 1920, as amended, 30 U.S.C. § 201 (1970), the Department of the Interior issued coal prospecting permits W-13800, W-13801...

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