USA v. State of Ohio, et al

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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: 59-3 Filed: 07/28/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 13-4362 UNITED STATES OF AMERICA, Plaintiff - Appellant, FILED Jul 28, 2015 DEBORAH S. HUNT, Clerk v. STATE OF OHIO; BUCKINGHAM COAL COMPANY, Defendants - Appellees. Before: GUY, CLAY, and WHITE, Circuit Judges. AMENDED JUDGMENT On Appeal from the United States District Court for the Southern District of Ohio at Columbus. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that 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. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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