Legal Opinion

Whitney Benefits, Inc. And Peter Kiewit Sons' Co. v. The United States

Court of Appeals for the Federal Circuit

Decided May 6, 1991No. 90-5058PublishedCited by 75 opinions

1Opinion of the Court

MARKEY, Circuit Judge.

Appeal from a judgment of the United States Claims Court (Smith, C.J.) that the United States (government) took a mineral estate (Whitney coal) from Whitney Benefits, Inc. and Peter Kiewit Sons’ Co. (PKS) (collectively Benefits) upon enactment of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq. (SMCRA), and requiring payment of $60,000,000, plus interest to Benefits. 1 We affirm.

I.BACKGROUND

The facts are set forth in Whitney Benefits v. U.S., 752 F.2d 1554 (Fed.Cir.1985) and in the comprehensive findings and conclusions accompanying the…

2Cases cited22 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. McKart v. United StatesSupreme Court of the United States · 1969
  5. Mugler v. KansasSupreme Court of the United States · 1887

17 more not listed; retrieve them via the Exa API.

3Cited by75 opinions

  1. Wyatt v. United StatesCourt of Appeals for the Federal Circuit · 2001
  2. Loveladies Harbor, Inc. And Loveladies Harbor, Unit D, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
  3. Florida Rock Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
  4. Transamerica Insurance Corporation, Inc., for and on Behalf of Stroup Sheet Metal Works v. The United StatesCourt of Appeals for the Federal Circuit · 1992
  5. Skip Kirchdorfer, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1993

70 more not listed; retrieve them via the Exa API.

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