United States Sixth Circuit

Plaintiffs failed to establish federal jurisdiction in a claim attempting to force the federal government to turn over $1.3 billion dollars allegedly due certain states under the Surface Mining Control and Reclamation Act of 1977, where they failed to allege any duty or rights owed to them, separate from those owed the Commonwealth.

Appellate Information

• Argued 12/05/2001
• Decided 06/03/2002
• Published 06/03/2002

Judges

• Before NORRIS, SILER, and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• M. Stephen Pitt (argued and briefed), Merrill S. Schell (briefed), Angela C. McCorkle, J. Anthony Goebel, Wyatt, Tarrant & Combs, Louisville, KY, George L. Seay, Jr. (briefed), Joseph J. Zaluski (briefed), Wyatt, Tarrant & Combs, Frankfort, KY, James R. Cox (briefed), Cox Law Firm, Louisville, KY, for Plaintiffs-Appellants.


• For Appellees:
  
• Mason Moore Kessinger, Asst. U.S. Atty., Lexington, KY, David J. Lazerwitz (argued and briefed), U.S. Department of Justice, Land & Natural Resources, Washington, DC, Lois J. Schiffer, U.S. Department of Justice Environment & Natural Resources Div., Washington, DC, for Defendants-Appellee.