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:. <br />~ , <br />_ ~~ <br />~~~ I~~ I~~I~~II~~ I <br />999 <br />UNITED STATES DEPARTMENT OF THE INTERIOR <br />OFFICE OF HEARINGS AND APPEALS <br />BOARD OF LAND APPEALS <br />Appeal of JIM AND ANN TATUM <br />(ON RECONSIDERATION) <br />IBLA 96-91R <br />) <br />Date: April I9, 2000 <br />OSM' 3 NO'rICB OF OPP09ITION ~p APPEL-*~~*~" 3 I~TIO~i TO STRIIZE <br />• <br />COMES NOW the Petitioner, Office of Surface Mining <br />Reclamation and Enforcement ("OSM"), and respectfully informs the <br />Board of band Appeals ("Hoard") that it opposes the Appellant's <br />motion to strike dated March 19, 20D0. OSM apologizes the for <br />delay in submitting this notice. The Appellant's motion to <br />strike was received by Counsel for OSM on March 27, 2000. <br />Unfortunately, on March 31, 2000, Counsel for OSM went on <br />paternity leave. Counsel for OSM returned from paternity leave <br />on April 10, 2000. Due to workload factors, Counsel for OSM was <br />not able to draft this notice until the present time. <br />s <br />In its motion to strike, the Appellant a55ert5 that OSM has <br />improperly raised new issues on pages 7-9 of its March 6, 2000, <br />Response that were not included in its initial Petition dated <br />January 26, 2000. OSM responds to this assertion as follows: <br />First, the Board has not ordered that the record in this <br />ZO'd 0£:ST 00. ZT add <br />8S5£998£0£~XEd <br /> <br />