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YATES v. ISLAND CREEK COAL CO.

Civ. A. No. 78-0285-B.

485 F.Supp. 995 (1980)

Eugene and Betty YATES et al., Plaintiffs, v. ISLAND CREEK COAL CO. et al., Defendants.

United States District Court, W. D. Virginia.

March 5, 1980.

Attorney(s) appearing for the Case

John Jeffrey Fluck, Abingdon, Va., for plaintiffs.

Larry B. Kirksey, Woodward, Miles & Flannagan, Bristol, Va., Carl E. McAfee, Cline, McAfee & Adkins, Norton, Va., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This matter is before the court on defendants' motion to dismiss for lack of jurisdiction. Plaintiff has asserted two independent bases of jurisdiction under 28 U.S.C. § 1331: (1) 33 U.S.C. § 407, the Rivers and Harbors Appropriation Act of 1899; or, (2) 30 U.S.C. § 1270(a), the Surface Mining Control and Reclamation Act of 1977. The initial question regarding both statutes is whether they...

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