F.T.C. v. ARCH COAL, INC.

Nos. CIV.A.04-0534 JDB, CIV.A.9409535 JDB.

329 F.Supp.2d 109 (2004)

FEDERAL TRADE COMMISSION, Plaintiff, v. ARCH COAL, INC., et al., Defendants. State of Missouri, et al., Plaintiffs, v. Arch Coal, Inc., et al., Defendants.

United States District Court, District of Columbia.

August 16, 2004.


Attorney(s) appearing for the Case

Rhett Rudolph Krulla, Federal Trade Commission, Bureau of Competition, Marc I. Alvarez, Federal Trade Commission, Washington, DC, Counsel for plaintiff Federal Trade Commission.

Anne E. Schneider, Office of the Attorney General, State of Missouri, Jefferson City, MO, Counsel for plaintiff States and State of Missouri.

Bradford J. Phelps, Office of the Attorney General, Little Rock, AR, Counsel for plaintiff State of Arkansas.

Karl R. Hansen, Office of the Kansas Attorney General, Topeka, KS, Counsel for plaintiff State of Kansas.

Robert W. Pratt, Illinois Office of the Attorney General, Chicago, IL, Counsel for plaintiff State of Illinois.

Thomas J. Miller, Iowa Department of Justice, Layne M. Lindebak, Iowa Department of Justice, Des Moines, IA, Counsel for plaintiff State of Iowa.

Rebecca Fisher, Office of the Attorney General of Texas, Austin, TX, Counsel for plaintiff State of Texas.

Stephen Weissman, Howrey Simon Arnold & White, LLP, William Bradford Reynolds, Howrey Simon Arnold & White, LLP, Washington, DC, Counsel for defendant Arch Coal, Inc.

Charles Edward Bachman, O'Melveny & Myers, LLP, New York, NY, Richard G. Parker, O'Melveny & Myers LLP, Washington, DC, Counsel for defendants New Vulcan Coal Holdings, LLC and Triton Coal Company, LLC.

Kenneth George Starling, Piper Rudnick LLP, Washington, DC, Counsel for movant Peter Kiewit Sons, Inc.


MEMORANDUM OPINION

BATES, District Judge.

Coal is the primary fuel that produces electric power for residential and business consumers across the United States. It is mined in various regions across the country, in either surface or underground mining operations, after which the coal is transported by rail, truck or barge to electrical generating plants. One-third of the coal produced annually in the United States — over 360 million tons &...

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