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BLACK BUTTE COAL CO. v. U.S.

No. 98-CV-22-B.

38 F.Supp.2d 963 (1999)

BLACK BUTTE COAL COMPANY, Plaintiff, v. UNITED STATES of America; Bruce Babbitt, Secretary of the Department of the Interior; Cynthia Quarterman, Director, Mineral Management Service, Department of the Interior, Defendants.

United States District Court, D. Wyoming.

March 2, 1999.

Attorney(s) appearing for the Case

Joseph E. Jones, Fraser Stryker Vaughn Meusey Olson Boyer & Bloch, Omaha, NE, Bruce A. Salzburg, Herschler Freudenthal Salzburg Bonds & Zerga, Cheyenne, WY, for Plaintiff.

Nicholas Vassallo, Assistant U.S. Attorney, District of Wyoming, Cheyenne, WY, Ann D. Navaro, Department of Justice, Washington, D.C., for Defendants.

ORDER REVERSING ADMINISTRATIVE DECISION

BRIMMER, District Judge.

This review of agency action brings about a unique circumstance. At issue is whether the Mineral Management Service ("MMS") properly assessed royalties under a federal coal lease on "deferral payments." Black Butte and Idaho Power had entered into a contract where Black Butte would supply Idaho Power coal for its new power plant. However, Idaho Power was not able to accept the coal for...

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