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B & M COAL v. OFFICE OF SURFACE MIN. RECLAMATION

No. IP 79-973-C.

531 F.Supp. 677 (1982)

B & M COAL CORPORATION v. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT.

United States District Court, S. D. Indiana, Indianapolis Division.

February 4, 1982.

Attorney(s) appearing for the Case

Halbert W. Kunz, of Kunz & Kunz, Indianapolis, Ind., for plaintiff.

Alfred T. Ghiorzi, Dept. of Justice, Land and Natural Resources Div., Shelley D. Hayes, Atty., Div. of Surface Mining, Dept. of the Interior, Washington, D. C., and Harold R. Bickham, Asst. U. S. Atty., Indianapolis, Ind., for the Government.

ORDER AND MEMORANDUM OF DECISION

STECKLER, Chief Judge.

This case is presently before the Court on the Office of Surface Mining Reclamation and Enforcement's (OSM) motion to dismiss B & M Coal Corporation's (B & M Coal) complaint for failure to state a claim, Fed. R.Civ.P. 12(b)(6), and the OSM's motion for summary judgment on its counterclaim, Fed.R.Civ.P. 56.

The OSM assessed B & M Coal...

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