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ARCH MINERAL CORP. v. BABBITT

Civ. A. No. 2:95-0032.

894 F.Supp. 974 (1995)

ARCH MINERAL CORPORATION, Plaintiff, v. Bruce M. BABBITT, Secretary of the Interior United States Department of the Interior, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

August 1, 1995.

Attorney(s) appearing for the Case

Christopher B. Power, Michael B. Victorson and Amy A. Davis, Robinson & McElwee, Charleston, WV, Blair M. Gardner, Senior Counsel, Arch Mineral Corp., St. Louis, MO, for plaintiff.

Rebecca A. Betts, United States Attorney, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The parties agree there are no genuine issues of material fact extant. They have submitted memoranda in support of their respective positions and the matter is mature for the Court's consideration.

STIPULATED FACTS

Greendale Coals, Incorporated conducted...

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