Whitney Benefits, Inc. v. United States

OPINION

SMITH, Chief Judge.

This court issued its original opinion in this ease on October 13, 1989, finding that plaintiffs had suffered a taking of their property,' a large tract of minable coal, resulting from the government’s enactment of the Surface Mining Control and Reclamation Act, on August 3, 1977. The court’s opinion was affirmed on appeal, and certiorari was denied. Whitney Benefits, Inc. v. United States, 18 Cl.Ct. 394 (1989), modified, 20 Cl.Ct. 324 (1990), aff'd, 926 F.2d 1169 (Fed.Cir.), cert. denied, — U.S. -, 112 S.Ct. 406, 116 L.Ed.2d 354 (1991). Judgment was entered on…