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COAL OPERATORS AND ASSOCIATES, INC. v. BABBITT

No. 00-6320.

291 F.3d 912 (2002)

COAL OPERATORS AND ASSOCIATES, INC.; Phelps Coal and Land Co.; and Roy Seagraves, Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity as Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 3, 2002.

Attorney(s) appearing for the Case

M. Stephen Pitt (argued and briefed), Merrill S. Schell (briefed), Angela C. McCorkle, J. Anthony Goebel, Wyatt, Tarrant & Combs, Louisville, KY, George L. Seay, Jr. (briefed), Joseph J. Zaluski (briefed), Wyatt, Tarrant & Combs, Frankfort, KY, James R. Cox (briefed), Cox Law Firm, Louisville, KY, for Plaintiffs-Appellants.

Mason Moore Kessinger, Asst. U.S. Atty., Lexington, KY, David J. Lazerwitz (argued and briefed), U.S. Department of Justice, Land & Natural Resources, Washington, DC, Lois J. Schiffer, U.S. Department of Justice Environment & Natural Resources Div., Washington, DC, for Defendants-Appellee.

Before NORRIS, SILER, and BATCHELDER, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiffs in this case filed a complaint for an accounting, declaratory relief, mandamus, and class action certification against the Secretary of the Interior ("Secretary") in an attempt to force the federal government to turn over approximately $1.3 billion dollars allegedly due to certain states under the Surface Mining Control and Reclamation Act of 1977 ("Act"), 30 U.S.C. § 1201 et seq. The district...

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