Free Joint Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00614-MMS

Document 64

Filed 05/22/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS Nos. 01-614 T & 02-971 T (consolidated) (Judge Sweeney)

VENTURE COAL SALES COMPANY, SANNER ENERGIES, INC., AND FUTURE INDUSTRIES, INC., Plaintiffs,

PATRIOT MINING CO., INC., JULIANNA MINING CO., INC., and ANKER WEST VIRGINIA MINING CO., INC., Plaintiffs,

v. THE UNITED STATES, Defendant.

JOINT STATUS REPORT

As the Court requested in its Order of May 7, 2008, the parties report that Clintwood Elkhorn Mining Co. has filed no motion for rehearing of a case in which the Supreme Court decided that courts lack jurisdiction of claims for refund of coal-excise tax imposed on exports unless the taxpayer has filed a timely refund claim, United States v. Clintwood Elkhorn Mining Co., 128 S. Ct. 1511 (2008). The decision is now final and it resolves all the unresolved issues in the present cases. Accordingly the parties advise the Court that there is no reason why it should not dismiss these cases. -1-

Case 1:01-cv-00614-MMS

Document 64

Filed 05/22/2008

Page 2 of 2

The plaintiffs agree that defendant may submit this status report and motion as a joint filing. Respectfully submitted, s/ Robert Stoddart Robert Stoddart U.S. Justice Department, Tax Division Court of Federal Claims Section P.O. Box 26, Ben Franklin Station Washington, DC 20044 Voice: (202) 307-6445 FAX: (202) 514-9440 [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson Of Counsel May 22, 2008

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