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U.S. v. TROUP

No. 86-1409.

821 F.2d 194 (1987)

UNITED STATES of America, Appellant, v. Warren TROUP, d.b.a. Warren Troup Coal Company, Appellee.

United States Court of Appeals, Third Circuit.

Reassigned April 24, 1987.

Decided June 18, 1987.

Attorney(s) appearing for the Case

F. Henry Habicht II, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Edward T. Ellis, Asst. U.S. Atty., Philadelphia, Pa., Jacques B. Gelin, Maria A. Iizuka (argued), Dept. of Justice, Washington, D.C., for appellant.

Edward E. Kopko (argued), Law Office of James J. Curran, Pottsville, Pa., for appellee.

Before SEITZ, BECKER, MANSMANN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The United States appeals from the final judgment of the district court awarding it $19,526.80, which represents only 55% of the reclamation fees it sought against Warren Troup under § 402(a) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. § 1232(a) (1982). We have jurisdiction under 28 U.S.C. § 1291 (1982).

I.

Appellee Troup operates a surface coal mining...

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