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ANNACO, INC. v. HODEL

Civ. A. No. 87-13.

675 F.Supp. 1052 (1987)

ANNACO, INC., Petitioner, v. Donald Paul HODEL, Secretary of Interior and Office of Surface Mining and Reclamation and Enforcement, (OSMRE) Respondents, and Linda Phillips, Gene Phillips, George Phillips and Floreen Phillips, Intervenors.

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

December 22, 1987.

Attorney(s) appearing for the Case

Shelby C. Kinkead, Jr., of Bulleit, Kinkead, Irvin & Reinhardt, Lexington, Ky., for petitioner.

David B. Parks, Sp. Ass't. U.S. Atty., Knoxville, Tenn., William R. Brown, Appalachian Research and Defense Fund of Kentucky, Hazard, Ky., for intervenors.

MEMORANDUM

SILER, Chief Judge.

This case arises under the Surface Mining Control and Reclamation Act (SMCRA), and is before the Court on several motions. This memorandum addresses the motion by petitioner Annaco for temporary relief and the motion to dismiss or for judgment on the pleadings by respondents Secretary of the Interior and Office of Surface Mining Reclamation and Enforcement (OSMRE). For reasons outlined in this memorandum, Annaco's motion for...

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