United States v. The Stearns Company (Formerly Known as Stearns Coal and Lumber Company)

KRUPANSKY, Circuit Judge.

The Stearns Company, formerly known as Stearns Coal and Lumber Company (Stearns), defendant-appellant, has appealed from the denial of its motion for relief of judgment, pursuant to Rule 60 of the Federal Rules of Civil Procedure, by the United States District Court for the Eastern District of Kentucky, wherein the appellant had asserted that, by virtue of a recent decision of the Supreme Court of Kentucky in Akers v. Baldwin, 736 S.W.2d 294 (Ky.1987), it was entitled to undertake strip mining operations for the removal of coal deposits of some 46,842.4 acres of land…