United States v. Whizco, Inc.

KENNEDY, Circuit Judge.

Plaintiff-appellant the United States (“plaintiff”) appeals from the judgment of the District Court denying the plaintiff an injunction against defendant-appellee Donovan Lueking (“defendant”). The plaintiff sought to enjoin defendants Whizco, Inc. (“Whizco”), a coal company, and Lueking, its operator, to obey orders of the Secretary of the Interior requiring the defendants to satisfy their statutory obligation to reclaim their abandoned coal mine. The District Court granted the injunction with respect to defendant Whizco, but denied it as to defendant Lueking. 1 This…