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WEST VIRGINIA MINING AND RECLAMATION ASS'N v. BABBITT

Civ. A. No. 2:96-0371.

970 F.Supp. 506 (1997)

The WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, et al., Defendants.

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

July 11, 1997.

Attorney(s) appearing for the Case

Charles Q. Gage, Jackson & Kelly, Charleston, WV, Dean K. Hunt, Buchanan Ingersoll, Lexington, Ky, for Plaintiffs.

Rebecca A. Betts, U.S., Attorney, Charleston, WV, Richard M. Hall and Martin J. LaLonde, U.S. Department of Justice, Washington, DC, Steven C. Barcley, Special Assistant U.S. Attorney, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are (1) the parties' cross motions for summary judgment; (2) Defendants' motion to dismiss Count VII of the Complaint; and (3) Defendants' motion for leave to exceed the page limitation contained in Local Rule 4.01, Local Rules of Civil Procedure. The Court (1) GRANTS Defendants' motion for summary judgment; (2) DENIES Plaintiffs' motion for summary judgment...

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