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Jay Nance, et al vs. Dirk Kempthorne, Secretary of the Interior
State: Montana
Court: Montana District Court
Docket No: 1:2006cv00125
Case Date: 02/26/2013
Plaintiff: Jay Nance, et al
Defendant: Dirk Kempthorne, Secretary of the Interior
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JAY NANCE, BRETT A. BOEDECKER, as Personal Representative for Susanne N. Boedecker, JOSEPH P. HAYES, PATRICIA HAYES RODOLPH, and THE BROWN CATTLE COMPANY SHAREHOLDERS COAL TRUST, Plaintiff, vs. SECRETARY OF THE INTERIOR OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, DIRK KEMPTHORNE, Defendants. I. INTRODUCTION On July 2, 2012, after over 35 years of negotiation with and then litigation against the United States, Plaintiffs finally got the coal exchange they had been promised when the Surface Mining Control and Reclamation Act of 1977 ("SMCRA") was passed. They now ask the Court to exercise the discretion granted by 30 U.S.C.
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