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COAL CORP. OPERATING CO. OF AMERICA v. HODEL

No. CIV-86-2791-A.

669 F.Supp. 362 (1987)

COAL CORPORATION OPERATING COMPANY OF AMERICA, a Delaware corporation; and Garland Coal and Mining Company, an Arkansas corporation, Plaintiffs, v. Donald HODEL, Secretary of the Department of Interior of the United States; and Jed Christensen, Acting Director for the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, Defendants.

United States District Court, W.D. Oklahoma.

September 18, 1987.

Attorney(s) appearing for the Case

Richard W. Lowry, Donald K. Switzer, Thomas J. McGeady, Logan, Lowry, Johnston, Switzer, West & McGeady, Vinita, Okl., Bill Burkett, James Morris, III, Von Creel, Okla City, Okl., for plaintiffs.

William S. Price, U.S. Atty., Oklahoma City, Okl., Gerald A. Thornton, Sp. Asst. U.S. Atty., Office of Field Solicitor, U.S. Dept. of Interior, Knoxville, Tenn., Dianne M. Shawley, Office of the Solicitor, U.S. Dept. of the Interior, Washington, D.C., for defendants.

ORDER

ALLEY, District Judge.

This case is before the Court for a decision based upon the parties' joint stipulation of facts after having been transferred here by the United States District Court for the Eastern District of Oklahoma. It arises out of the April 1984 assumption of direct enforcement of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C.A. § 1201-1328, in Oklahoma by the Office of Surface Mining and Enforcement (OSMRE) of...

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