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ONTARIO POWER GENERATION, INC. v. U.S.

No. 03-5161.

369 F.3d 1298 (2004)

ONTARIO POWER GENERATION, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, v. Mingo Logan Coal Co., Ashland Coal, Inc., and Arch Coal Sales, Inc., Third party Defendants-Appellees, and Alliance Coal LLC, Third party Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: May 20, 2004.

Attorney(s) appearing for the Case

Richard J. Gagnon, Jr., Shearman & Sterling LLP, of Washington, DC, argued for plaintiff-appellant. On the brief was Stephen J. Marzen.

Teresa E. McLaughlin, Attorney, Tax Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Eileen J. O'Connor, Assistant Attorney General; and Judith A. Hagley, Attorney.

B. Derek Rose, Bryan Cave LLP, of St. Louis, Missouri, argued for third-party defendants Mingo Logan Coal, Inc., et al. With him on the brief was Kenneth A. Kleban.

William L. Anderson, Crowell & Moring LLP, of Washington, DC, for third-party defendant-appellee Alliance Coal, LLC. With him on the brief was John W. Borchert.

Before MAYER, Chief Judge, SCHALL and DYK, Circuit Judges.

MAYER, Chief Judge.

Ontario Power Generation, Inc. ("Ontario") appeals the judgment of the United States Court of Federal Claims, which dismissed Ontario's claims for the refund of taxes and reclamation fees for lack of standing. Ontario Power Generation, Inc. v. United States, 54 Fed.Cl. 630 (2002). Because we hold that jurisdiction is lacking, the judgment of the Court of Federal Claims is affirmed.

Background

Ontario, a Canadian...

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