ANDALEX RESOURCES, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:99-cv-00268-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo Andalex Resources, Inc., Plaintiff

Toggle Switch Represented by Baker & McKenzie, LLP

Name Phone Fax E-Mail
Space Steven Harlan Becker +1 212 626 4100 +1 212 626 4120 steven.h.becker@bakernet.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 4/30/1999
Jury Demand
Demand $0
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 '06-5005'[], '06-5008'[]
Def Custody Status
Flag REOPEN
  Entries (71) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 68 Filed: 8/18/2008, Entered: 9/11/2008 CAFC Mandate Reversing
MANDATE of CAFC reversing [61] Judgment, and Remanding back to U.S. Court of Federal Claims. (hw1, )
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    Blank 66 Filed: 10/25/2005, Entered: 10/25/2005
    NOTICE of Change of Address by Steven Harlan Becker. Service: 10/18/2005.(hw1, )
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      Blank 65 Filed: 10/17/2005, Entered: 10/25/2005 Terminated:
      CAFC Case Number 06-5008 for [64] Notice of Cross Appeal filed by USA. (hw1, )
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        Blank 64 Filed: 10/13/2005, Entered: 10/13/2005, Terminated: 8/18/2008 Notice of cross-appeal
        NOTICE OF CROSS APPEAL by USA. Copy to judge, opossing party and CAFC. (hw1, )
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          Blank 67 Filed: 10/12/2005, Entered: 10/27/2005 Terminated:
          CAFC Case Number 06-5005 for [63] Notice of Appeal filed by ANDALEX RESOURCES, INC. (hw1, )
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            Blank 63 Filed: 10/7/2005, Entered: 10/7/2005, Terminated: 8/18/2008 Notice of Appeal
            NOTICE OF APPEAL by ANDALEX RESOURCES, INC. Filing fee $ 255, receipt number 063702. Copies to judge, opposing party and CAFC. (hw1, )
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              Blank 62 Filed: 8/23/2005, Entered: 8/24/2005 Certified Transcript to Attorney
              CERTIFIED TRANSCRIPT OF JUDGMENT, dated August 15, 2005, forwarded to Steven Harlan Becker, also certified copy of judgment forwarded to Tommy Thompson, Tax Division of the Department of Justice. See letter in file. (bre,)
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                Blank 61 Filed: 8/15/2005, Entered: 8/15/2005
                JUDGMENT entered, pursuant to Rule 58, that the plaintiff, Andalex Resources, Inc., recover of and from the United States the sum of $1,543,042.00, as set forth on the attached Exhibit A. This judgment is without interest. All parties shall bear their own costs, including any possible attorneys' fees or other litigation expenses. (lld, )
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                  Blank 60 Filed: 8/4/2005, Entered: 8/5/2005 Stipulation
                  STIPULATION for entry of judgment (captioned stipulated judgment) filed by all parties. (dls)
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                    Blank 59 Filed: 7/12/2005, Entered: 7/18/2005 Stipulation of Dismissal
                    STIPULATION of Partial Dismissal with prejudice as to plaintiff, Genwal Resources, Inc., filed by all parties. (dls )
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                      Blank 58 Filed: 2/25/2005, Entered: 2/28/2005 Joint Status Report
                      JOINT STATUS REPORT by USA. Service: 2/25/2005.(mb2, )
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                        Blank 57 Filed: 1/26/2005, Entered: 1/28/2005 Status Report/OrderCourt Filing
                        STATUS REPORT ORDER: Status Report due by 2/25/2005. Signed by Judge Robert H. Hodges Jr. (mb2, )
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                          Blank 56 Filed: 1/21/2005, Entered: 1/25/2005 Joint Status Report
                          JOINT STATUS REPORT by USA. Service: 01/21/05.(mb2, )
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                            Blank 55 Filed: 1/11/2005, Entered: 1/13/2005 OrderCourt Filing
                            ORDER issued to parties who have filed claims for refund of excise taxes on coal productions. Attorneys asked to respond no later than 2/21/05. Signed by Judge Robert H. Hodges Jr. (eph, )
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                              Blank 54 Filed: 1/11/2005, Entered: 1/13/2005 OrderCourt Filing
                              ORDER issued to parties who have filed claims for refund of excise taxes on coal productions. Attorneys asked to respond no later than 2/21/05. Signed by Judge Robert H. Hodges Jr. (eph, )
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                                Blank 52 Filed: 4/18/2003, Entered: 4/25/2003 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. (hw1, )
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                                  Blank 51 Filed: 12/20/2002, Entered: 12/31/2002 OrderCourt Filing
                                  ORDER denying [48-1] motion to Dismiss for Lack of Jurisdiction, denying [48-2] motion for partial Summary Judgment ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                    Blank 50 Filed: 12/10/2002, Entered: 12/13/2002 ~Notice (other)
                                    NOTICE of request for instructions regarding defendant's protective motion for partial dismissal or for partial summary judgment by ANDALEX RESOURCES, and GENWAL RESOURCES. Service: 12/9/02 (HW)
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                                      Blank 49 Filed: 11/25/2002, Entered: 11/27/2002 Proposed Findings of Uncontroverted Fact
                                      PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 11/25/02. (LTD)
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                                        Blank 48 Filed: 11/25/2002, Entered: 11/27/2002, Terminated: 12/20/2002 Terminated:
                                        PROTECTIVE MOTION by USA (Service: 11/25/02) to Dismiss for Lack of Jurisdiction or for partial Summary Judgment . Response due: 12/26/02. (LTD)
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                                          Blank 47 Filed: 11/25/2002, Entered: 11/27/2002 ~Notice (other)
                                          NOTICE of filing of appendices of brief in support of protective motion for partial dismissal or for partial summary judgment by USA. Service: 11/25/02. (LTD)
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                                            Blank 53 Filed: 11/19/2002, Entered: 7/7/2003 Published OpinionCourt Filing
                                            PUBLISHED OPINION Granting [22] Cross Motion filed by UNITED STATES; and Denying [17] Motion for Summary Judgment filed by ANDALEX RESOURCES, INC.. Signed by Judge Robert H. Hodges Jr. (dls, )
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                                              Blank 46 Filed: 10/29/2002, Entered: 10/30/2002 Amended Complaint
                                              FIRST AMENDED COMPLAINT re: Martiki Coal Co., et al. No. 97-521T. Service: 10/21/02. (FE)
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                                                Blank 45 Filed: 10/21/2002, Entered: 10/23/2002 Terminated:
                                                MOTION by ANDALEX RESOURCES (Service: 10/21/02 for Leave to file separately filed amended complaint, re: Martiki Coal Co., et al., No. 97-521T . Response due: 11/7/02. (LTD)
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                                                  Blank 44 Filed: 9/27/2002, Entered: 9/30/2002 Transcript
                                                  TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of August 29, 2002. Notice to parties. (FE)
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                                                    Blank 43 Filed: 9/4/2002, Entered: 9/6/2002 Memorandum
                                                    MEMORANDUM by ANDALEX RESOURCES, GENWAL RESOURCES re: U.S. Shoe Corp v. United States. Service: 8/30/02 (JT)
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                                                      Blank 42 Filed: 9/3/2002, Entered: 9/5/2002 Memorandum
                                                      MEMORANDUM by USA re: U.S. Shoe v. United States. Service: 9/3/02 (JT)
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                                                        Blank 41 Filed: 7/23/2002, Entered: 7/25/2002 Terminated:
                                                        MOTION by USA (Service: 7/23/02) for Leave to alert the court to new authority . Response due: 8/9/02. (LTD)
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                                                          Blank 40 Filed: 7/1/2002, Entered: 7/2/2002 Transcript
                                                          TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of June 24, 2002. Notice to parties. (FE)
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                                                            Blank 39 Filed: 6/24/2002, Entered: 6/25/2002 ~Notice (other)Court Filing
                                                            NOTICE of Certain Arguments that Plaintiffs intend to raise at the 6/24/02 hearing by ANDALEX RESOURCES, GENWAL RESOURCES. Filed by leave of the Judge. Service: 6/20/02 (JT)
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                                                              Blank 38 Filed: 6/6/2002, Entered: 6/10/2002 OrderCourt Filing
                                                              ORDER oral argument set for 10:00 a.m. on 6/24/02 for [22-1] cross motion and for [17-1] motion for Summary Judgment Docket nos. 01-252T, 00-148T and 00-200T have been added to the consolidated caption (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                Blank 37 Filed: 5/28/2002, Entered: 5/29/2002 OrderCourt Filing
                                                                ORDER, re: Parties to agree on a time for oral arguments within 30 days and advise the court (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                  Blank 36 Filed: 5/24/2002, Entered: 5/28/2002 OrderCourt Filing
                                                                  ORDER, re: For the purposes of the motion for summary judgment on interest, cases are being considered for consolidation. Andalex Resoures, Inc., et al. v. United States, is the caption to be used with all case numbers attached (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                    Blank 35 Filed: 5/22/2002, Entered: 5/23/2002 Terminated:
                                                                    MOTION by USA (Service: 5/22/02) for Leave to alert the court to new authority and to a contention to be presented at oral argument . Response due: 6/10/02. (LTD)
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                                                                      Blank 34 Filed: 4/10/2002, Entered: 4/11/2002 ResponseCourt Filing
                                                                      RESPONSE by ANDALEX RESOURCES, GENWAL RESOURCES to [33-1] order, by leave of the Judge. Service: 4/8/02. (FE)
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                                                                        Blank 33 Filed: 3/27/2002, Entered: 3/28/2002 OrderCourt Filing
                                                                        ORDER to advise the court if settlement is likely (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                          Blank 32 Filed: 2/26/2002, Entered: 2/27/2002 Response
                                                                          SUR-REPLY by ANDALEX RESOURCES to [29-1] response by USA. Service: 2/25/02. (LTD)
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                                                                            Blank 31 Filed: 2/13/2002, Entered: 2/14/2002 OrderCourt Filing
                                                                            ORDER granting [28-1] motion for Leave to file a brief in response to defendant's additional brief for which leave was graanted by the Court's 12/21/01 order (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                              Blank 30 Filed: 1/8/2002, Entered: 1/9/2002 Response to MotionCourt Filing
                                                                              RESPONSE by ANDALEX RESOURCES (Service: 12/27/01) to [26-1] motion for Leave to bring recent developments to the Court's attention and to file a short reply brief. Reply due: 1/14/02. FIled by leave of the Judge. (LTD)
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                                                                                Blank 29 Filed: 1/7/2002, Entered: 1/8/2002 Response
                                                                                REPLY by USA to [27-1] order. Service: 1/7/02. (LTD)
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                                                                                  Blank 28 Filed: 1/4/2002, Entered: 1/7/2002, Terminated: 2/13/2002 Terminated:
                                                                                  MOTION by ANDALEX RESOURCES and GENWAL RESOURCES (Service: 1/4/02) for Leave to file a brief in response to defendant's additional brief for which leave was graanted by the Court's 12/21/01 order . Response due: 1/22/02. (FE)
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                                                                                    Blank 27 Filed: 12/21/2001, Entered: 12/27/2001 OrderCourt Filing
                                                                                    ORDER granting [26-1] 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). Copy to parties. (LTD)
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                                                                                      Blank 26 Filed: 12/14/2001, Entered: 12/17/2001, Terminated: 12/21/2001 Terminated:
                                                                                      MOTION by USA (Service: 12/14/01) for Leave to bring recent developments to the Court's attention and to file a short reply brief . Response due: 1/2/02. (LTD)
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                                                                                        Blank 25 Filed: 11/2/2001, Entered: 11/5/2001 Statement of Genuine IssuesCourt Filing
                                                                                        STATEMENT OF GENUINE ISSUES by ANDALEX RESOURCES. Filed by leave of the Judge. Service: 10/22/01. (LTD)
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                                                                                          Blank 24 Filed: 11/2/2001, Entered: 11/5/2001 Response to MotionCourt Filing
                                                                                          RESPONSE by ANDALEX RESOURCES (Service: 10/22/01 ) to [22-1] cross motion. Filed by leave of the Judge. Reply due: 11/8/01 (LTD)
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                                                                                            Blank -- Filed: 11/2/2001, Entered: 11/5/2001 Set/Reset Deadlines:
                                                                                            Deadline updated; Defendant's reply to cross-motion due 11/9/01 (LTD)
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                                                                                              Blank 23 Filed: 10/11/2001, Entered: 10/12/2001 ~Notice (other)
                                                                                              NOTICE of erroneous telephone numbers in the Cross-Motion for Partial Summary Judgment and related filings by USA. Service: 10/11/01. (LTD)
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                                                                                                Blank 22 Filed: 10/9/2001, Entered: 10/10/2001 Terminated:
                                                                                                CROSS MOTION by USA (Service: 10/9/01) and RESPONSE to [17-1] motion for Summary Judgment by ANDALEX RESOURCES Response due: 10/15/01 (per court order) (DS)
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                                                                                                  Blank 21 Filed: 10/9/2001, Entered: 10/10/2001 Proposed Findings of Uncontroverted Fact
                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact filed by USA. Service: 10/9/01 (DS)
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                                                                                                    Blank 20 Filed: 10/9/2001, Entered: 10/10/2001 Statement of Genuine Issues
                                                                                                    STATEMENT OF GENUINE ISSUES filed by USA. Service: 10/9/01 (DS)
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                                                                                                      Blank 19 Filed: 10/3/2001, Entered: 10/3/2001, Terminated: 8/15/2005 Motion for Extension of TimeCourt Filing
                                                                                                      MOTION by USA (Service: 9/28/01) to Extend Time to file response to the motion for partial summary judgment and cross-motion for partial summary judgment , (until October 9, 2001). Response due: 10/15/01. [by leave of the Judge] (FE)
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                                                                                                        Blank 18 Filed: 8/31/2001, Entered: 8/31/2001
                                                                                                        PROPOSED FINDINGS of Uncontroverted Fact by ANDALEX RESOURCES. Service: 8/31/01. (LTD)
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                                                                                                          Blank 17 Filed: 8/31/2001, Entered: 8/31/2001, Terminated: 11/19/2002 Motion for Summary Judgment
                                                                                                          MOTION by ANDALEX RESOURCES (Service: 8/31/01) for Summary Judgment . Response due: 10/1/01. (LTD)
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                                                                                                            Blank 16 Filed: 8/22/2001, Entered: 8/22/2001 Court Filing
                                                                                                            ORDER regarding further procedures ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                                                              Blank 15 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 [13-4] order , and for instructions whether an answer is needed to raise defenses, etc. . Response due: 9/4/01. (LTD)
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                                                                                                                Blank -- Filed: 8/16/2001, Entered: 8/16/2001
                                                                                                                Deadline updated; Response to [15-1] motion for Reconsideration of [13-4] order and [15-2] motion for instructions whether an answer is needed to defenses, etc. reset to 9/4/01 . (LTD)
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                                                                                                                  Blank 14 Filed: 8/15/2001, Entered: 8/16/2001 Status Report
                                                                                                                  STATUS REPORT by USA. Service: 8/15/01. (FE)
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                                                                                                                    Blank 13 Filed: 8/7/2001, Entered: 8/8/2001 OrderCourt Filing
                                                                                                                    ORDER Plaintiff's Motions for Summary Judgment Filing deadline to 8/31/01 , Defendant's Response deadline to 10/1/01 , Plaintiff's Reply due by 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 12 Filed: 8/3/2001, Entered: 8/3/2001
                                                                                                                      TRANSCRIPT of proceedings 1 volume (33 pages), at Washington, D.C., for date of August 2, 2001. Notice to parties. (FE)
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                                                                                                                        Blank -- Filed: 8/2/2001, Entered: 8/28/2001 Status Conference
                                                                                                                        Status Conference (hearing) held (Transcript due 8/17/01) (DS)
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                                                                                                                          Blank 11 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 10 Filed: 6/15/2001, Entered: 6/18/2001 Status Report
                                                                                                                            STATUS REPORT and SUGGESTIONS FOR FURTHER PROCEEDINGS by USA. Service: 6/15/01. (FE)
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                                                                                                                              Blank 9 Filed: 9/11/2000, Entered: 9/12/2000 Status Report
                                                                                                                              STATUS REPORT by USA. Service: 9/11/00. (FE)
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                                                                                                                                Blank 8 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: 6/15/1999, Entered: 6/16/1999 Case Assigned/ReassignedCourt Filing
                                                                                                                                  Notice of reassignment to Judge Robert H. Hodges . Copy to parties. (DS)
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                                                                                                                                    Blank 7 Filed: 6/14/1999, Entered: 6/17/1999 OrderCourt Filing
                                                                                                                                    ORDER granting [5-2] motion to stay further proceedings until 30 days after the appeal in Cyprus becomes final. Additionally, the parties shall file a joint status report 15 days after the suspension is lifted. ( signed by Judge James T. Turner ) Copy to parties. (JT)
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                                                                                                                                      Blank 5 Filed: 6/1/1999, Entered: 6/4/1999 Terminated: Court Filing
                                                                                                                                      MOTION by ANDALEX RESOURCES, GENWAL RESOURCES (Service : 5/28/99 ) for reassignment to Judge Robert H. Hodges, Jr. and to stay further proceedings. Response due: 6/14/99 (JT)
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                                                                                                                                        Blank 4 Filed: 5/10/1999, Entered: 5/13/1999 OrderCourt Filing
                                                                                                                                        SPECIAL PROCEDURES TO FACILITATE DISCOVERY, CONSERVE RESOURCES OF THE PARTIES AND EXPEDITE DISPOSITION OF CASE ( signed by Judge James T. Turner ) Copy to parties. (JT)
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                                                                                                                                          Blank 3 Filed: 5/7/1999, Entered: 5/10/1999 Notice of Appearance/
                                                                                                                                          NOTICE of Attorney Appearance for USA by Robert Charles Stoddart. Service: 5/7/99. (FE)
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                                                                                                                                            Blank 2 Filed: 4/30/1999, Entered: 5/4/1999 Case Assigned/ReassignedCourt Filing
                                                                                                                                            Notice of assignment to Judge James T. Turner. Copy to parties. (FE)
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                                                                                                                                              Blank 1 Filed: 4/30/1999, Entered: 5/4/1999 Complaint
                                                                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #047418. Answer due on 6/29/99. (FE)
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