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CAT RUN COAL CO. v. BABBITT

Civil Action No. 2:95-1063.

932 F.Supp. 772 (1996)

CAT RUN COAL CO., Plaintiff, v. Bruce BABBITT, Secretary of the 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.

August 8, 1996.

Attorney(s) appearing for the Case

Robert G. McLusky, James R. Snyder, Jackson & Kelly, Charleston, WV, for plaintiff.

Steven C. Barcley, Special Asst. U.S. Attorney, U.S. Dept. of the Interior, Office of the Solicitor, Pittsburgh, PA, Rebecca A. Betts, United States Attorney, Charleston, WV, for defendants.

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.1 The parties agree there are no genuine issues of material fact extant. They have submitted the Administrative Record and memoranda in support of their respective positions. The matter is...

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