RED RIVER COAL COMPA v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:00-cv-00246-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo RED RIVER COAL COMPANY, INC., Plaintiff

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Name Phone Fax E-Mail
Space John Yates Merrell, Jr. +1 703 790 8440 +1 703 790 8944 john.merrell.jr@merrelltaxlaw.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Robert Charles Stoddart +1 202 307 6445 robert.c.stoddart@usdoj.gov
Office COFC
Filed 4/28/2000
Jury Demand
Demand $520000
Nature of Suit 206 - Tax - Excise
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County
Terminated
Origin 4
Reopened 8/18/2008
Lead Case None
Related Case
Other Court Cases '05-5062'[], '05-5070'[]
Def Custody Status
Flag REOPEN
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Legal Document 67 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [30] Unpublished Opinion/Order and Remanding case back to the Court of Federal Claims. (hw1, )
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    Blank 38 Filed: 3/17/2005, Entered: 3/21/2005 OrderCourt Filing
    ORDER GRANTING [33] Stipulation to Correct the Record filed by USA, RED RIVER COAL COMPANY, INC. Signed by Judge John P. Wiese for Judge Robert H. Hodges, Jr. (mb2, )
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      Blank 37 Filed: 3/1/2005, Entered: 3/8/2005 Terminated:
      CAFC Case Number 05-5070 for [35] Notice of Cross Appeal filed by USA. (hw1, )
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        Blank 36 Filed: 2/28/2005, Entered: 2/28/2005, Terminated: 8/18/2008 CAFC Case Number
        CAFC Case Number 05-5062 for [34] Notice of Appeal filed by RED RIVER COAL COMPANY, INC. (hw1, )
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          Blank 35 Filed: 2/23/2005, Entered: 2/25/2005 Terminated:
          NOTICE OF CROSS APPEAL by USA. Copy to opposing party, judge and CAFC. (hw1, )
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            Blank -- Filed: 2/23/2005, Entered: 2/23/2005, Terminated: 8/18/2008 CAFC Appeal Fees
            CAFC Appeal Fees received $150, receipt number 062369 re [34] Notice of Appeal filed by RED RIVER COAL COMPANY, INC. (hw1, )
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              Blank 34 Filed: 2/18/2005, Entered: 2/23/2005 Terminated:
              NOTICE OF APPEAL by RED RIVER COAL COMPANY, INC. Partial filing fee $ 105, receipt number 062368. Copies to judge, opposing party and CAFC. (hw1, )
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                Blank 33 Filed: 1/7/2005, Entered: 1/10/2005, Terminated: 3/17/2005 Stipulation
                Joint Stipulation to Correct the Record by all parties. Service: 01/07/05.(mb2, )
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                  Blank 32 Filed: 12/30/2004, Entered: 12/30/2004
                  Certified transcript of judgment, dated December 21, 2004, forwarded to John Yates Merrell, Jr., certified copy of judgment forwarded to Tommy Thompson, of the Tax Division of the Department of Justice. See letter in file. (bre, )
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                    Blank 31 Filed: 12/21/2004, Entered: 12/21/2004
                    JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $503,816.45. The parties shall bear their own costs, including attorneys' fees or other expenses of this litigation. This judgment shall be paid without interest. (lld, )
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                      Blank 30 Filed: 12/21/2004, Entered: 12/21/2004 Court Filing
                      ORDER directing the Clerk is directed to enter judgment for plaintiff in the amount of $503,816.45. No costs. Signed by Judge Robert H. Hodges Jr. (lld, )
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                        Blank 29 Filed: 12/2/2004, Entered: 12/9/2004 Response
                        JOINT RESPONSE to [28] Order of 11/29/2004, filed by RED RIVER COAL COMPANY, INC., USA. Service: 12/2/2004.(jcp, )
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                          Blank 28 Filed: 11/29/2004, Entered: 12/3/2004 OrderCourt Filing
                          ORDER: The parties have agreed to resolve this case short of further litigation as to liability. We ask that the parties advise the court why we should not enter judgment in the stipulated amount. Counsel may then file cross appeals to be consolidated with Clintwood Elkhorn. We propose to enter the stipulated judgment by the end of the week if possible. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                            Blank 27 Filed: 11/5/2004, Entered: 11/8/2004 Terminated:
                            JOINT MOTION to Stay proceedings (including entry of judgment) pending final disposition of Clintwood Elkhorn Mining Co. v. United States, No. 00-249T filed by RED RIVER COAL COMPANY, INC., USA. (dls)
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                              Blank 26 Filed: 11/5/2004, Entered: 11/8/2004 Stipulation
                              STIPULATION for entry of judgment filed by all parties. (dls)
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                                Blank 25 Filed: 1/30/2004, Entered: 2/4/2004 Joint Status Report
                                JOINT STATUS REPORT by all parties. Service: 1/30/2004.(jcp, )
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                                  Blank 24 Filed: 1/20/2004, Entered: 1/26/2004 Status Report/OrderCourt Filing
                                  STATUS REPORT ORDER: Counsel will advise the court whether they have resolved this case, or whether they intend to file stipulations for dismissal. If settlement discussions are continuing, they should advise the court of the status of these negotiations and the likelihood that they will be successful in the near future. They parties may file a Joint Status Report no later than 1/30/2004, or they may file indepenently. Signed by Judge Robert H. Hodges Jr. (jcp, )
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                                    Blank 66 Filed: 4/18/2003, Entered: 4/19/2005 OrderCourt Filing
                                    ORDER Re: plaintiffs have agreed to pursue administrative refunds in lieu of further discovery or trial preparation. They ask that their cases be suspended. We agree to suspend these cases with the understanding that they will be resolved by audits and other administrative procedures, subject only to plaintiffs' appeals of the court's ruling on interest. Signed by Judge Robert H. Hodges Jr. See lead case 99-268 for the document.(hw1, )
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                                      Blank 65 Filed: 12/20/2002, Entered: 4/19/2005 OrderCourt Filing
                                      ORDER denying motion to dismiss for lack of jurisdiction, denying motion for partial summary judgment. Signed by Judge Robert H. Hodges Jr. See lead case 99-268 for the document.(hw1, )
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                                        Blank 64 Filed: 12/10/2002, Entered: 3/31/2005 ~Notice (other)
                                        NOTICE of request for instructions regarding defendant's protective motion for partial dismissal or for partial summary judgment by plaintiffs. See Lead Case number 99-268 for documents. Service: 12/10/2002.(hw1, )
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                                          Blank 63 Filed: 11/25/2002, Entered: 3/31/2005 Proposed Findings of Uncontroverted Fact
                                          PROPOSED FINDINGS of Uncontroverted Fact by USA. See Lead Case number 99-268 for document.Service: 11/25/2002.(hw1, )
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                                            Blank 62 Filed: 11/25/2002, Entered: 3/31/2005 Motion to Dismiss
                                            PROTECTIVE MOTION to Dismiss for lack of jusridiction or for partial summary judgment filed by USA. See Lead Case number 99-268 for document.Service: 11/25/2002. (hw1, )
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                                              Blank 61 Filed: 11/25/2002, Entered: 3/31/2005 ~Notice (other)
                                              NOTICE of filing of appendices of brief in support of protective motion for partial dismissal or for summary judgment filed by USA. See Lead Case number 99-268 for document. Service: 11/25/2002.(hw1, )
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                                                Blank 60 Filed: 11/19/2002, Entered: 3/31/2005 Published OpinionCourt Filing
                                                PUBLISHED OPINION granting cross motion filed by United States denying motion for summary judgment filed by plaintiffs. See Lead Case 99-268 for document.? Signed by Judge Robert H. Hodges Jr. (hw1, )
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                                                  Blank 59 Filed: 9/27/2002, Entered: 3/31/2005 TranscriptCourt Filing
                                                  TRANSCRIPT of Proceedings, one volume, taken at Washington, D.C. held on August 29, 2002, before Judge Robert H. Hodges, Jr. See Lead Case number 99-268 for document. (hw1, )
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                                                    Blank 58 Filed: 9/4/2002, Entered: 3/31/2005 Memorandum
                                                    MEMORANDUM by plaintiffs re: U.S. Shoe Corp. v. United States. See Lead case 99-268 for document. Service: 9/4/2002.(hw1, )
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                                                      Blank 57 Filed: 9/3/2002, Entered: 3/31/2005 Memorandum
                                                      MEMORANDUM re: U.S. Shoe Corp. v. United States by USA. See Lead case 99-268 for document. Service: 9/3/2002.(hw1, )
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                                                        Blank 56 Filed: 7/23/2002, Entered: 3/31/2005 Motion for Leave to File
                                                        MOTION for leave to alert the court to new authority filed by USA. See Lead case 99-268 for the document filed by USA.Service: 7/23/2002. (hw1, )
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                                                          Blank 55 Filed: 7/1/2002, Entered: 3/31/2005 TranscriptCourt Filing
                                                          TRANSCRIPT of Proceedings, one volume, taken in Washington, D.C., held on June 24, 2002 before Judge Robert H. Hodges, Jr. See Lead Case 99-268 for the document. (hw1, )
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                                                            Blank 23 Filed: 6/24/2002, Entered: 6/25/2002 ~Notice (other)Court Filing
                                                            NOTICE of Certain Arguments that Plaintifffs intend to raise at the 6/24/02 hearing by RED RIVER COAL COMPA. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                                              Blank 54 Filed: 6/6/2002, Entered: 3/31/2005 OrderCourt Filing
                                                              ORDER re: oral argument set for 10:00 a.m. on 6/24/02 for cross motion and for motion for summary judgment docket numbers 01-252T, 00-148T and 00-200T have been added to the consolidated caption. See Lead case 99-268 for the document. Signed by Judge Robert H. Hodges Jr. (hw1, )
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                                                                Blank 53 Filed: 5/28/2002, Entered: 3/31/2005 OrderCourt Filing
                                                                ORDER Re: parties to agree on a time for oral arguments within 30 days and advise the court. See Lead case 99-268 for the document. Signed by Judge Robert H. Hodges Jr. (hw1, )
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                                                                  Blank 52 Filed: 5/24/2002, Entered: 3/31/2005 OrderCourt Filing
                                                                  ORDER re: for the purposes of the motion for summary judgment on interest, cases are being considered for consolidation. Andalex Resources, Inc., et al. V. United States, is the caption to be used with all case numbers attached. See Lead case 99-268 for the document. Signed by Judge Robert H. Hodges Jr. (hw1, )
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                                                                    Blank 51 Filed: 5/22/2002, Entered: 3/30/2005 Motion for Leave to File
                                                                    MOTION for Leave to File alert the Court of new authority and to a contention to be presented at oral argument filed by USA. See Lead case 99-268 for the document.Service: 5/22/2002. (hw1, )
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                                                                      Blank 50 Filed: 4/10/2002, Entered: 3/30/2005 Response
                                                                      RESPONSE to plaintiffs re: Order to advise the Court if settlement is likely. Service: 4/10/2002.See Lead case 99-268 for the document.(hw1, )
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                                                                        Blank 49 Filed: 3/27/2002, Entered: 3/30/2005 OrderCourt Filing
                                                                        ORDER to advise the Court if settlement is likely. Signed by Judge Robert H. Hodges Jr. See Lead case 99-268 for the document.(hw1, )
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                                                                          Blank 22 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                                                          SUR-REPLY by RED RIVER COAL COMPANY to reply file 1/7/02 by USA in 99-268T. Service: 2/25/02. (LTD)
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                                                                            Blank 48 Filed: 2/13/2002, Entered: 3/30/2005 OrderCourt Filing
                                                                            ORDER granting motion for leave to file a brief in response to defendant's additional brief for which leave was granted by the Court's 12/21/01 Order. Signed by Judge Robert H. Hodges Jr. See Lead case 99-268 for the document.(hw1, )
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                                                                              Blank 21 Filed: 1/8/2002, Entered: 1/9/2002 RemarkCourt Filing
                                                                              PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO BRING RECENT DEVELOPMENTS TO THE COURT'S ATTENTION AND TO FILE A SHORT REPLY BRIEF. Filed by leave of the Judge. (LTD)
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                                                                                Blank 47 Filed: 1/7/2002, Entered: 3/30/2005 Response
                                                                                REPLY to Order granting motion for leave to bring recent developments to the Court's attention filed by USA. See Lead Case 99-268 for the document. Service: 1/7/2002.(hw1, )
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                                                                                  Blank 20 Filed: 1/4/2002, Entered: 1/7/2002 Terminated:
                                                                                  MOTION by RED RIVER COAL COMPA (Service: 1/4/02) for Leave to file a brief in response to Defendant's additional brief . Response due: 1/22/02. (LTD)
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                                                                                    Blank 46 Filed: 12/21/2001, Entered: 3/30/2005 OrderCourt Filing
                                                                                    ORDER granting motion for leave to bring recent developments to the Court's attention and to file a short reply brief. Signed by Judge Robert H. Hodges Jr. See Lead case 99-268 for the document.(hw1, )
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                                                                                      Blank 45 Filed: 12/14/2001, Entered: 3/30/2005 Motion for Leave to File
                                                                                      MOTION for Leave to File to bring recent developments to the Court's attention and to file a short reply brief filed by USA. See Lead case 99-268 for the document.Service: 12/14/2001. (hw1, )
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                                                                                        Blank 19 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                                                        STATEMENT OF GENUINE ISSUES by RED RIVER COAL COMPA Service: 10/22/01. Filed by leave of the Judge. (FE)
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                                                                                          Blank 18 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                                                          RESPONSE by RED RIVER COAL COMPA (Service: 10/22/01 ) to cross motion filed in 99-268T by USA. Filed by leave of the Judge. (FE)
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                                                                                            Blank 44 Filed: 10/11/2001, Entered: 3/30/2005 ~Notice (other)
                                                                                            NOTICE of erroneous telephone numbers in the Cross-Motion for partial summary judgment and related filings by USA. See Lead case 99-268 for the document. Service: 10/11/2001.(hw1, )
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                                                                                              Blank 43 Filed: 10/9/2001, Entered: 3/30/2005 Cross Motion [Dispositive]
                                                                                              CROSS MOTION and RESPONSE to [16] Motion for Summary Judgment filed by RED RIVER COAL COMPANY, INC., filed by USA. See Lead Case 99-268 for the document.Service: 10/9/2001. (hw1, )
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                                                                                                Blank 42 Filed: 10/9/2001, Entered: 3/30/2005 Proposed Findings of Uncontroverted Fact
                                                                                                PROPOSED FINDINGS of Uncontroverted Fact filed by USA. See Lead case 99-268 for the document. Service: 10/9/2001.(hw1, )
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                                                                                                  Blank 41 Filed: 10/9/2001, Entered: 3/30/2005 Response to Proposed Findings of Uncontroverted Fa
                                                                                                  STATEMENT OF GENUINE ISSUES filed by USA.See Lead case 99-268 for document. Service: 10/9/2001.(hw1, )
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                                                                                                    Blank 40 Filed: 10/3/2001, Entered: 3/30/2005 Motion for Extension of TimeCourt Filing
                                                                                                    MOTION for Extension of Time until October 9, 2001 to to file response to the motion for partial summary judgment and cross-motion for partial summary judgment filed by USA, filed by leave of the Judge. See Lead Case 99-268 for the document.Service: 9/28/2001. (hw1, )
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                                                                                                      Blank 17 Filed: 8/31/2001, Entered: 8/31/2001
                                                                                                      PROPOSED FINDINGS of Uncontroverted Fact by RED RIVER COAL COMPA. Service: 8/31/01. (LTD)
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                                                                                                        Blank 16 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 12/21/2004 Motion for Summary Judgment
                                                                                                        MOTION by RED RIVER COAL COMPA (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                                                                          Blank 15 Filed: 8/22/2001, Entered: 8/23/2001 Amended Complaint
                                                                                                          AMENDED COMPLAINT by RED RIVER COAL COMPA (Answer due 9/4/01 ) amending [1-1] complaint Service: 8/16/01 (HW)
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                                                                                                            Blank 14 Filed: 8/22/2001, Entered: 8/23/2001 OrderCourt Filing
                                                                                                            ORDER granting [13-2] motion for Leave to file an amended answer ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                                                              Blank 13 Filed: 8/16/2001, Entered: 8/16/2001, Terminated: 8/22/2001 Motion for Reconsideration
                                                                                                              MOTION by USA (Service: 8/16/01) for Reconsideration of [11-4] order , and for Leave to file an amended answer . Response due: 9/4/01. (LTD)
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                                                                                                                Blank -- Filed: 8/16/2001, Entered: 8/16/2001
                                                                                                                Deadline updated; Response to [13-1] motion for Reconsideration of [11-4] order and [13-2] motion for Leave to file an amended answer reset to 9/4/01 . (LTD)
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                                                                                                                  Blank 12 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                                                                  STATUS REPORT by USA. Service: 8/15/01. (FE)
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                                                                                                                    Blank 11 Filed: 8/7/2001, Entered: 8/8/2001 OrderCourt Filing
                                                                                                                    ORDER Plaintiff's Motion Filing deadline to 8/31/01 , Defendant's Response deadline to 10/1/01 , Plaintiff's Reply deadline to 10/15/01 and defendant's motion to notify other parties is denied (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                      Blank 39 Filed: 8/3/2001, Entered: 3/30/2005 TranscriptCourt Filing
                                                                                                                      TRANSCRIPT of Proceedings (1 volume, 33 pages), in Washington, D.C., held on August 2, 2001, before Judge Robert H. Hodges. See Lead Case 99-268 for document (hw1, ) .
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                                                                                                                        Blank 10 Filed: 7/26/2001, Entered: 7/26/2001 Court Filing
                                                                                                                        SCHEDULING ORDER setting Status conference for 10:00 a.m. 8/2/01, in the National Courts Building, Washington, DC ( signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                          Blank 9 Filed: 6/18/2001, Entered: 6/19/2001 Status Report
                                                                                                                          STATUS REPORT by USA. Service: 6/18/01. (FE)
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                                                                                                                            Blank 8 Filed: 9/11/2000, Entered: 9/12/2000 Status Report
                                                                                                                            STATUS REPORT by USA. Service: 9/11/00. (FE)
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                                                                                                                              Blank 7 Filed: 8/16/2000, Entered: 8/18/2000 OrderCourt Filing
                                                                                                                              ORDER re: we have suspended most of the related coal cases until Defendant decides whether to apply for Supreme Court review. ( signed by Judge Robert H. Hodges ) Copy to parties. (JT)
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                                                                                                                                Blank 6 Filed: 7/27/2000, Entered: 7/31/2000 Joint Preliminary Status Report
                                                                                                                                JOINT PRELIMINARY STATUS REPORT (FE)
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                                                                                                                                  Blank 5 Filed: 6/27/2000, Entered: 6/28/2000 Answer
                                                                                                                                  ANSWER to Complaint by USA Service: 6/27/00 (JPSR due 8/14/00) (FE)
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                                                                                                                                    Blank 4 Filed: 5/12/2000, Entered: 5/15/2000 Notice of Appearance/
                                                                                                                                    NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service : 5/12/00 (JT)
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                                                                                                                                      Blank 3 Filed: 4/28/2000, Entered: 5/2/2000 Case Assigned/ReassignedCourt Filing
                                                                                                                                      Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                                                                                        Blank 2 Filed: 4/28/2000, Entered: 5/1/2000 Notice of Related Cases
                                                                                                                                        NOTICE by RED RIVER COAL COMPA of related cases: (97-68 T, 97-310 T, 97-311 T, 97-317 T, 97-521 T, 97-522 T). (FE)
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                                                                                                                                          Blank 1 Filed: 4/28/2000, Entered: 5/1/2000 Complaint
                                                                                                                                          COMPLAINT, FILING FEE $120, RECEIPT #049546. Answer due on 6/27/00. (FE)
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