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

Case 1:01-cv-00421-CCM

Document 43

Filed 08/31/2007

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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 _________________________________________

In its Order of July 13, 2007, the Court asked the parties to file a status report by August 31, 2007, if the United States had not filed a petition for certiorari requesting review of Clintwood Elkhorn Mining Co. et al. v. United States, 473 F.3d 1373 (Fed. Cir. 2007). The United States has obtained an extension of time until September 9, 2007, in which to file such a petition. The parties ask the Court to continue the suspension of this case until September 10, 2007, when they will let the Court know if the United States has filed a petition,

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Case 1:01-cv-00421-CCM

Document 43

Filed 08/31/2007

Page 2 of 2

WHEREFORE, the plaintiff and the defendant pray that their motion for continued suspension of proceedings be granted. The plaintiff agrees that defendant may submit this status report and motion as a joint filing. 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

August 31, 2007

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