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  5. 919 F.Supp. 225 (1996)
 

ELK RUN COAL CO. v. BABBITT

Civil Action No. 2:95-1149.

919 F.Supp. 225 (1996)

ELK RUN COAL COMPANY, Plaintiff, v. Bruce BABBITT, Secretary of the United States Department of Interior; and Robert Uram, Director of the Office of Surface Mining, Reclamation, and Enforcement, Defendants.

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

March 18, 1996.

Attorney(s) appearing for the Case

Robert G. McLusky, James R. Snyder and M. Shane Harvey, Jackson & Kelly, Charleston, WV, for plaintiff.

Gary L. Call, Assistant U.S. Attorney, Rebecca A. Betts, U.S. Attorney, Charleston, WV, Wayne A. Babcock, U.S. Attorney, Office of the Solicitor, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Elk Run's Motions for Summary Judgment and for a Preliminary Injunction. Also pending is Defendants' Motion to Dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. The Court DENIES Defendants' motion and GRANTS Plaintiff's Motion for Summary Judgment. Because the Court grants Plaintiff's motion, its Motion for Preliminary Injunction is moot.

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