District Court, S.D. Indiana February 4, 1982, IP 79-973-C (B & M Coal Corp. v. Office of Surface Mining Reclamation & Enforcement)

ORDER AND MEMORANDUM OF DECISION

STECKLER, Chief Judge.

This case is presently before the Court on the Office of Surface Mining Reclamation and Enforcement’s (OSM) motion to dismiss B & M Coal Corporation’s (B & M Coal)

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complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and the OSM’s motion for summary judgment on its counterclaim, Fed.R.Civ.P. 56.