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U.S. v. J & T COAL, INC.

Crim. A. No. 92-00061-01-B.

818 F.Supp. 925 (1993)

UNITED STATES of America v. J & T COAL, INC.

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

March 29, 1993.

Attorney(s) appearing for the Case

Steve Baer, Asst. U.S. Atty., Roanoke, VA, for plaintiff.

Lewey K. Lee, McAfee, Bledsoe, Lovell & Lee, Norton, VA, Birg E. Sergent, Pennington Gap, VA, William E. Bradshaw, Big Stone Gap, VA, for J & T Coal, Inc.

CORRECTED MEMORANDUM OPINION AND ORDER

WILSON, District Judge.

Defendant J & T Coal, Inc. ("J & T Coal") has filed a motion to dismiss six counts of an indictment charging violation of 30 U.S.C. § 820(d) and 30 C.F.R. §§ 75.202(a)-(b), 75.203(a)-(b), 75.220(a)(1), and 75.1200-2(b).1 J & T Coal contends that because the government previously assessed civil penalties against it under 30 U.S.C....

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