EAGLEHAWK CARBON, INC. v. U.S.

No. 13-1021 T.

EAGLEHAWK CARBON, INC. TWIN STAR MINING, INC. WHITE FLAME ENERGY, INC. RED RIVER COAL COMPANY INC., and USIBELLI COAL MINE, INC. Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

July 16, 2015.


Attorney(s) appearing for the Case

EAGLEHAWK CARBON, INC., Plaintiff, represented by John Yates Merrell, Jr. , Merrell & Merrell, P.C..

TWIN STAR MINING, INC., Plaintiff, represented by John Yates Merrell, Jr. , Merrell & Merrell, P.C..

WHITE FLAME ENERGY, INC., Plaintiff, represented by John Yates Merrell, Jr. , Merrell & Merrell, P.C..

RED RIVER COAL COMPANY, INC., and, Plaintiff, represented by John Yates Merrell, Jr. , Merrell & Merrell, P.C..

USIBELLI COAL MINE, INC., Plaintiff, represented by Steven Harlan Becker , Becker Law Firm, PLLC.

USA, Defendant, represented by Miranda Bureau , U.S. Department of Justice, Tax Division.


OPINION

This case is before the court on cross-motions for summary judgment filed under Rule 56 of the Rules of the United States Court of Federal Claims (RCFC). The motions have been fully briefed, and oral argument was held on April 21, 2015. For the reasons stated below, defendant's motion for summary judgment...

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