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WILSON FARMS COAL CO. v. ANDRUS

Civ. A. No. 80-150.

518 F.Supp. 295 (1981)

WILSON FARMS COAL CO., Plaintiff, v. Cecil D. ANDRUS, etc., Defendant.

United States District Court, E. D. Kentucky, London Division.

July 15, 1981.

Attorney(s) appearing for the Case

Ted Q. Wilson, Oneida, Tenn., for plaintiff.

Jane E. Graham, Asst. U. S. Atty., E. D. of Kentucky, Lexington, Ky., for defendant.

MEMORANDUM

SILER, District Judge.

This matter is before the Court on the defendant's motion to dismiss and the plaintiff's opposition thereto. In its motion to dismiss, the Secretary of the Interior contends that judicial review of his decision is untimely, and this action is barred by the allegedly applicable thirty days statute of limitations for agency adjudicatory proceedings. The plaintiff responds that its action is timely filed pursuant to the allegedly...

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