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

Case 1:01-cv-00421-CCM

Document 51

Filed 05/19/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ______________ No. 01-421 T (Judge Christine Odell Cook Miller) DRUMMOND COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ______________ JOINT STATUS REPORT ______________ As the Court requested in its Order of May 5, 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 case. Accordingly the parties advise the Court that there is no reason why it should not dismiss this case.

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Case 1:01-cv-00421-CCM

Document 51

Filed 05/19/2008

Page 2 of 2

The plaintiff agrees that defendant may submit this status report and motion as a joint filing. Respectfully submitted, s/Robert Stoddart ROBERT STODDART Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Station Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 [email protected] NATHAN J. HOCHMAN Assistant Attorney General DAVID GUSTAFSON Court of Federal Claims Section s/ David Gustafson May 19, 2008

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