EASTERBROOK, Circuit Judge. A mineral lease signed in 1969 requires Peabody Coal Company to pay a royalty based on the coal’s “sales price”. During the 1970s Congress enacted two excise taxes. One, for the benefit of the Black Lung Disability Trust Fund, is 55 t per ton of surface-mined coal, with a cap at 4.4% of the coal’s selling price. 26 U.…
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