USA v. State of Ohio, et al


AMENDED OPINION and JUDGMENT filed : The district court s grant of summary judgment to the state of Ohio and Buckingham Coal Company, and its denial of the government s motion for summary judgment are REVERSED, and the case is REMANDED for entry of judgment consistent with the opinion of this court. decision for publication. Ralph B. Guy, Jr., Eric L. Clay, and Helene N. White (AUTHORING), Circuit Judges.

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Case: 13-4362 Document: 59-1 Filed: 07/28/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: July 28, 2015 Mr. Brian Anthony Ball Mr. Daniel Joseph Martin Office of the Attorney General Environmental Enforcement 2045 Morse Road, Building C-2 Columbus, OH 43229 Mr. John S. Most U.S. Department of Justice Tort Branch, Civil Division 601 D Street, N.W. Suite 9135 Patrick Henry Building Washington, DC 20044-4271 Mr. John Joseph Kulewicz Mr. Michael Gary Long Vorys, Sater, Seymour & Pease 52 E. Gay Street Columbus, OH 43215 Mr. John Luther Smeltzer U.S. Department of Justice Environment Division Appellate Section L'Enfant Plaza Station, P.O. Box 7415 Washington, DC 20044 Re: Case No. 13-4362, USA v. State of Ohio, et al Originating Case No. : 2:11-cv-00383 Dear Counsel, The court today filed an amended opinion in this case. Enclosed is a copy of the court’s amended opinion together with the amended judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. Richard W. Nagel Enclosures Mandate to issue.

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