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MOOSE COAL CO. v. CLARK

Civ. A. No. 84-0185-B.

687 F.Supp. 244 (1988)

MOOSE COAL COMPANY, Plaintiff, v. William P. CLARK, Secretary, United States Department of the Interior, and the United States Department of the Interior, Defendants.

United States District Court, W.D. Virginia, Big Stone Cap Division.

June 8, 1988.

Attorney(s) appearing for the Case

Elsey Harris, Norton, Va., for plaintiff.

Jerry Kilgore, Asst. U.S. Atty., Abingdon, Va., Elizabeth Tonkin, Dept. of Interior, Knoxville, Tenn., for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

This case is before the court on a complaint filed by Moose Coal Company, Inc. ("Moose") seeking a permanent injunction of a cessation order issued by the Office of Surface Mining Reclamation and Enforcement ("OSM"). The Interior Board of Land Appeals ("Board") directed OSM to issue the Order pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (1986). Jurisdiction...

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