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MOLINARY v. POWELL MOUNTAIN COAL CO., INC.

Civ. A. No. 91-0007-B.

779 F.Supp. 839 (1991)

Jo D. MOLINARY, Trustee of the Susan Pruitt Cloud Land Trust, Plaintiff, v. POWELL MOUNTAIN COAL COMPANY, INC., d/b/a Wax Coal Company, Defendant.

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

December 31, 1991.

Attorney(s) appearing for the Case

Walton D. Morris, Jr., Daniel R. Bieger, Copeland, Molinary & Bieger, Abingdon, Va., Walton D. Morris, Jr., Gray & Morris, P.C., Clintwood, Va., for plaintiff.

Stephen M. Hodges, Timothy W. Gresham, Penn, Stuart, Eskridge & Jones, Abingdon, Va., for defendant.

MEMORANDUM OPINION AND ORDER

WILSON, District Judge.

This is a suit for damages pursuant to § 520(f), 30 U.S.C. § 1270(f) (hereinafter § 1270(f)), of the Surface Mining Control and Reclamation Act ("SMCRA"), 30 U.S.C. §§ 1201-1328, by plaintiff, Jo D. Molinary ("Molinary"), Trustee of the Susan Pruitt Cloud Land Trust (the "trust property"), against defendant, Powell Mountain Coal Company, Inc., doing business as Wax Coal Company...

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