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III IIIIIIIIIIIIIIII <br />IN THE UMTED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Civil Action No. <br />KERB COAL COMPANY, <br />~l6o~oa~ g s~e~au!W to uc~sini0 <br />~ss~ o ~ noN <br />a3ni~~~a <br /> <br />r, o ~r ~ sss4 <br />OFFICE OF THE <br />Plaintiff, A:TO/~.A'£Y G ~.^,.':'i;P_a.L <br />lJATUILil,12G.`tiLlai;i;S SeJ[.7iGi 1 <br />V. <br />BRUCE BABBITT, Secretazy of the Interior; ADMINISTRATIVE JUDGES JOHN H. <br />KELLY AND WILL A. IRWIN of the Interior Boazd of Land Appeals, Office of_ <br />Hearings and Appeals, <br />Defendants. <br />COMPLAINT FOR TEMPORARY RELIEF PURSUANT <br />TO 30 U.S.C. §1276(c) AND FOR JUDICIAL REVIEW <br />Plaintiff Kerr Coal Company ("Kerr") by its attorneys, Dufford & Brown, P.C., <br />states the following for its complaint against the defendants. <br />Jurisdiction and Venue <br />This is an action for temporary relief pursuant to 30 U.S.C. § 1276(c) and <br />for judicial review of the Secretary of the Interior's decision denying Kerr's Application <br />for Temporary Relief from Notice of Violation No. 94-020-352-003. That Notice of <br />Violation was issued to Kerr by the Office of Surface Mining Reclamation and <br />Enforcement ("OSM") pursuant to the Surface Mining Control and Reclamation Act of <br />1977, Pub. L. 95-87, 30 U.S.C. §§1201, et sea' (the "Act"). The Secretary's decision was <br />issued on September 28, 1994, by Administrative Judges John H. Kelly and Will A. Irwin <br />II66 /-I, 10/: NOJ <br />