Legal Opinion
Molinary v. Powell Mountain Coal Co., Inc.
District Court, W.D. Virginia
Decided December 31, 1991No. Civ. A. 91-0007-BPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
WILSON, District Judge.
This is a suit for damages pursuant to § 520(f), 30 U.S.C. § 1270(f) (hereinafter § 1270(f)), of the Surface Mining Control and Reclamation Act (“SMCRA”), 30 U.S.C. §§ 1201-1328, by plaintiff, Jo D. Molinary (“Molinary”), Trustee of the Susan Pruitt Cloud Land Trust (the “trust property”), against defendant, Powell Mountain Coal Company, Inc., doing business as Wax Coal Company (“Wax Coal”), alleging that Wax Coal strip mined trust property pursuant to a fraudulently obtained permit. Molinary asserts that the suit is maintainable as a class…
2Cases cited3 opinions
- In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal CompanyCourt of Appeals for the D.C. Circuit · 1981
- Donald H. Haydo and Patricia A. Haydo, His Wife v. Amerikohl Mining, IncCourt of Appeals for the Third Circuit · 1987
- National Wildlife Federation v. Manuel Lujan, Jr., National Coal Association and American Mining Congress, (Two Cases)Court of Appeals for the D.C. Circuit · 1991
3Cited by6 opinions
- Molinary v. Powell Mountain Coal Co.Court of Appeals for the Fourth Circuit · 1997
- Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust v. Powell Mountain Coal Company, Incorporated, D/B/A Wax Coal Company, National Mining Association United States of America, Amici Curiae. Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust v. Powell Mountain Coal Company, Incorporated, D/B/A Wax Coal Company, National Mining Association United States of America, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1997
- Catron v. BabbittDistrict Court, W.D. Virginia · 1997
- Molinary v. Powell Mountain Coal Co., Inc.District Court, W.D. Virginia · 1993
- Molinary v. Powell Mountain Coal Co., Inc.District Court, W.D. Virginia · 1995
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