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

Case 1:01-cv-00421-CCM

Document 47

Filed 12/11/2007

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 AND MOTION FOR CONTINUED SUSPENSION _________________________________________

As the Court requested in its Order of September 14, 2007, the parties report that the Supreme Court granted the defendant's petition for certiorari in United States v. Clintwood Elkhorn Mining Co., No. 07-308 (U.S. Dec. 3, 2007). The decision in Clintwood Elkhorn should decide all the unresolved issues in the present case. When the Supreme Court renders its decision, the parties will so inform the Court. The parties ask that this Court continue the suspension of this case until such time as the Supreme Court renders its decision in the Clintwood Elkhorn matter. The plaintiff agrees that defendant may submit this status report and motion as a joint filing. -1-

Case 1:01-cv-00421-CCM

Document 47

Filed 12/11/2007

Page 2 of 2

WHEREFORE, the plaintiff and the defendant pray that their motion for continued suspension of proceedings be granted. Respectfully submitted,

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s/ Robert Stoddart ROBERT STODDART U. S. Department of Justice Tax Division Court of Federal Claims Section P. O. Box 26 Ben Franklin Post Office Washington, D.C. 20044 TEL: (202) 307-6445 FAX: (202) 514-9440 RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section s/ David Gustafson Of Counsel

December 11, 2007

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