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20 opinions for “United States v. No Coal, Incorporated”
Musgrave, Senior Judge: Diamond Sawblades and Parts Thereof From the People's Republic of China ("PRC"), 80 Fed. Reg. 32344 (June 8, 2015) (final antidumping duty administrative review of 2012-13 period) (" Final Results "), as explained by its accompanying issues and decision memorandum, Public Rec
Aracoma Coal Co. v. United Statespublic domain
JUDGMENT PER CURIAM. This Cause having been heard and considered, it is ORDERED AND ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.
Consolidation Coal Co. v. United Statespublic domain
OPINION & ORDER FUTEY, Judge. These cases come before the Court on defendant’s motion for summary judgment, filed in all of the above-captioned cases. Plaintiffs are coal producers that believe fees they paid violate the Export Clause of the Constitution. The Court had stayed the cases pending resolution of Consolidation Coal Company v. United States, No. 01-254
Frakes v. Arch Coal, Inc. (In re Arch Coal, Inc.)public domain
SALADINO, Chief Judge. *855Appellants, Michael and Jennifer Frakes, appeal the July 3, 2018, order of the bankruptcy court1 denying their "Amended Motion for Determination that Confirmation Order Does Not Bar a State Court Action Relating to the Springfield, Illinois Coal Contract." For the reasons discussed below
Consolidation Coal Co. v. United Statespublic domain
ORDER BOHDAN A. FUTEY, Judge. Before the Court is plaintiffs’ motion to continue the stay in the above-captioned cases. The Court stayed these cases pend*491ing the outcome of Consolidation Coal Co. v. United States, No. 01-254 (“Consolidation Coal 7”).1 That ease has now been conclusively r
Red River Coal Co. v. United Statespublic domain
OPINION AND ORDER GEORGE W. MILLER, Judge. Plaintiff, Red River Coal Company, Inc., filed a complaint against the United States on July 31, 2001 (docket entry 1), which it amended on February 6, 2007 (docket entry 26-1), seeking reimbursement of $246,372.17 in fees it paid pursuant to the Surface Mining Control and Reclamation Act of 1977. See Am. Compl. 4-5. On October 26, 2001, an in
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court on a motion by Plaintiffs, Armstrong Coal Co., Inc. & Armstrong Fabricators, Inc., for a preliminary injunction [DN 14], on a motion by Defendants, United States Department of Labor, Mine Safety and Health Administration, Jim W. Langley, William Cook, III, and Wendell Crick, to dismiss this action [DN 16
United States ex rel. West Virginia Department of Environmental Protection v. Arch Coal, Inc.public domain
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending are (1) the United States’ motion to enter the proposed consent decree, filed May 2, 2011, and (2) the motions to dismiss and withdraw claims by Ohio Valley Environmental Coalition, Inc., Sierra Club, and West Virginia Highlands Conservancy, Inc. (“citizen organizations”), filed September 6, 2011. In d
Red River Coal Co. v. United Statespublic domain
ON MOTION NEWMAN, Circuit Judge. ORDER The United States moves without opposition to reverse the judgment of the United States Court of Federal Claims in Red River Coal Co. v. United States, No. 00-cv-246 and remand with instructions to dismiss Red River Coal Company, Inc.’s tax refund claims with prejudice. In United States v. Clintwood Elkh
Usibelli Coal Mine, Inc. v. United Statespublic domain
ON MOTION NEWMAN, Circuit Judge. ORDER The United States moves without opposition to reverse the judgment of the United States Court of Federal Claims in Usibelli Coal v. United States, No. 99-cv-267 and remand with instructions to dismiss Usibelli Coal Mine, Inc.’s tax refund claims with prejudice. In United States v. Clintwood Elkhorn Minin
MEMORANDUM OPINION AMY BERMAN JACKSON, United States District Judge In 2010, plaintiff Mingo Logan Coal Company, Inc. filed this lawsuit, challenging the Environmental Protection Agency’s (“EPA”) decision to withdraw its specification of two locations designated in Mingo Logan’s Clean Water Act permit as disposal sites for the fill material generated by the
Coastal Coal-West Virginia, LLC v. United Statespublic domain
ON MOTION NEWMAN, Circuit Judge. ORDER The United States moves without opposition to reverse the judgment of the United States Court of Federal Claims in Coastal Coal-West Virginia, LLC v. United States, No. 97-cv-317 and remand with instructions to dismiss Coastal Coal-West Virginia, LLC’s tax refund claims with prejudice. In United States v. Cli
Coastal Coal-West Virginia, LLC v. United Statespublic domain
ON MOTION NEWMAN, Circuit Judge. ORDER The United States moves without opposition to reverse the judgment of the United States Court of Federal Claims in Coastal Coal-West Virginia, LLC v. United States, No. 97-cv-317 and remand with instructions to dismiss Coastal Coal-West Virginia, LLC’s tax refund claims with prejudice. In United States v. Cli
Coastal Coal-West Virginia, LLC v. United Statespublic domain
ON MOTION NEWMAN, Circuit Judge. ORDER The United States moves without opposition to reverse the judgment of the United States Court of Federal Claims in Coastal Coal-West Virginia, LLC v. United States, No. 97-cv-317 and remand with instructions to dismiss Coastal Coal-West Virginia, LLC’s tax refund claims with prejudice. In United States v. Cli
Consolidation Coal Co. v. United Statespublic domain
PROST, Circuit Judge. Appellants (collectively “the coal producers”) appeal from the decision of the United States Court of Federal Claims dismissing for lack of subject matter jurisdiction their complaints seeking damages in the amount of reclamation fees imposed and paid pursuant to the Surface Mining Control and Reclamations Act of 1977 (SMCRA). Consolidation Coal Co. v. United States, 54 Fed.Cl. 14 (2002). Becau
Costain Coal, Inc. v. United Statespublic domain
OPINION LYDON, Senior Judge: These consolidated federal income tax refund cases are before the court on the parties’ cross-motions for summary judgment. At issue is the proper method of calculating the amount of tax due pursuant to Internal Revenue Code (I.R.C.) § 4121. Upon consideration of the record and of the parties’ representations made during oral argument, this court finds that no genuine is
Usibelli Coal Mine v. United Statespublic domain
OPINION ALLEGRA, Judge. This case presents an important issue of first impression. In its ground-breaking decision in Cyprus Amax Coal Co. v. United States, 205 F.3d 1369 (Fed.Cir.2000), cert. denied, 532 U.S. 1065, 121 S.Ct. 2214, 150 L.Ed.2d 208 (2001), the Federal Circuit held that this court had jurisdiction under the Tucker Act, 28 U.S.C. § 1491, over a suit filed by a taxpayer seeking
MEMORANDUM OPINION AMY BERMAN JACKSON, District Judge. On January 22, 2007, the Army Corps of Engineers (“Corps”) issued a permit to plaintiff Mingo Logan Coal Company Inc. (“Mingo Logan”) pursuant to section 404 of the Clean Water Act, which authorized Mingo Logan to discharge fill material
MEMORANDUM OPINION AND ORDER JAMES E. BOASBERG, District Judge. Plaintiffs are six underground coal mine operators who, among them, operate at least fourteen mines. They have brought this action against, inter alia, the Mine Safety and Health Administration, claiming MSHA has violated their constitutional rights. More specif
Venture Coal Sales Co. v. United Statespublic domain
Opinion and Order1 SYPOLT, Judge. This case is before the court on defendant’s motion to dismiss pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC). Because plaintiffs’ claim was not brought within the six-year statutory period provided by 28 U.S.C. § 2501(a), defendant’s motion is granted.