UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

WILLIAM REECE, DIANE REECE, 

HERMAN TOLBERT, BENNETT 

TANKSLEY, SUSAN HOLMES, 

CHARLES TACKETT, as individuals and 

as representatives for those seeking redress 

for damages, 

 Plaintiffs - Appellants, 

v. 

AES CORPORATION, a Delaware 

corporation; AES SHADY POINT, a 

Delaware corporation; AES SHADY 

POINT, LLC, a Delaware limited liability 

company; MMHF, LLC, an Oklahoma 

limited liability company, a/k/a Making 

Money Having Fun, LLC, a/k/a Clean 

Hydro Reclamation, a/k/a Clean Hydro 

Evacuation, LLC; THUMBS UP RANCH, 

LLC, an Oklahoma limited liability 

company; DARYL J. JACKSON, 

individually, d/b/a Daryl Jackson Trucking; 

KEVIN J. JACKSON, an individual; 

KENNETH JACKSON, an individual; 

CHAD JACKSON, an individual; 

MOUNTAIN MINERALS, INC., a 

Delaware corporation; BRAZIL CREEK 

MINERALS, INC., an Oklahoma 

corporation; GCI MINING, an Oklahoma 

corporation, d/b/a George Colliers, Inc.; 

ASH GROVE RESOURCES, LLC, a 

Kansas limited liability company; 

MARINE COAL SALES COMPANY, a 

Delaware corporation; FARRELLCOOPER MINING COMPANY, an 

Arkansas corporation; COAL CREEK 

MINERALS, LLC, a Delaware limited 

No. 14-7010 

(D.C. No. 6:12-CV-00457-JH) 

(E.D. Okla.) 

FILED 

United States Court of Appeals 

Tenth Circuit 

April 20, 2016

Elisabeth A. Shumaker 

Clerk of Court
2 

liability company; MCCORKLE TRUCK 

LINE, INC., an Oklahoma corporation; 

HUNTER RIDGE COAL COMPANY, a 

Delaware corporation, a/k/a Anker Energy 

Corporation; STAR BULK, a Texas 

corporation, a/k/a PX Transportation, Inc.; 

SEECO, INC., an Arkansas corporation, 

a/k/a SWN Production Company, a/k/a 

Southwest Energy Production Company, 

Inc., a/k/a Southwest Oil & Gas Company; 

XTO ENERGY, INC., a Delaware 

corporation; R&J TRUCKING, INC., an 

Oklahoma corporation; CHESAPEAKE 

OPERATING, INC., an Oklahoma 

corporation; PETROHAWK OPERATING 

COMPANY, a Texas corporation; 

STEPHENS PRODUCTION COMPANY, 

an Arkansas corporation; HIGHLAND OIL 

& GAS, LLC, a Delaware limited liability 

company; CHOLLA PETROLEUM, INC., 

a Texas corporation; HANNA OIL & GAS 

COMPANY, an Arkansas corporation; 

ROSS PRODUCTION COMPANY, an 

Arkansas corporation, a/k/a Ross 

Production Co., a/k/a McCord Oil 

Company, a/k/a Ross Explorations, Inc.; 

SHIELDS OPERATING, INC., an 

Arkansas corporation; BP AMERICA 

PRODUCTION COMPANY, a Delaware 

corporation; HOGBACK 

EXPLORATION, INC., an Arkansas 

corporation; SEDNA ENERGY, INC., an 

Arkansas corporation; GRACO FISHING 

& RENTAL TOOLS, INC., an Oklahoma 

corporation; TXD TRANSPORT, LP, a 

foreign limited partnership; BEAR 

PRODUCTIONS, INC., an Oklahoma 

corporation; BIG MAC TANK TRUCKS, 

LLC, a Delaware limited liability company, 

a/k/a Oklahoma Big Mac Tank Trucks, 

LLC; B&B GAS WELL SERVICES, LLC, 

an Oklahoma limited liability company; 

MIKE KREBBS CONSTRUCTIONS, 
3 

INC., an Oklahoma corporation; BEAR 

TRANSPORTS, LLC, an Oklahoma 

limited liability company; 

INTERNATIONAL COAL GROUP, LLC, 

a Delaware limited liability company, 

 Defendants - Appellees, 

and 

BISHOP TRUCKING, an Oklahoma 

corporation, 

 Defendant. 

_________________________________ 

ORDER AND JUDGMENT

_________________________________ 

Before HOLMES, MATHESON, and McHUGH, Circuit Judges. 

_________________________________ 

This matter comes on for consideration of the status report and the “Unopposed 

Motion to Apply Appellate Ruling” filed by Defendants/Appellees Marine Coal Sales 

Company, International Coal Group, LLC and Hunter Ridge Coal Company. Upon 

consideration thereof, the abatement of this appeal as to these defendants/appellees is 

lifted and the motion is granted. The bankruptcy court has lifted the automatic stay to 

allow these parties to seek to have this court’s February 9, 2016 decision made applicable 

to them. It is ordered that the February 9, 2016 Order and Judgment affirming the district 

court judgment applies to Defendants/Appellees Marine Coal Sales Company, 

 

 This order and judgment is not binding precedent, except under the doctrines of 

law of the case, res judicata, and collateral estoppel. It may be cited, however, for its 

persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 
4 

International Coal Group, LLC and Hunter Ridge Coal Company. See Reece v. AES 

Corporation, No. 14-7010 (10th Cir. Feb. 9, 2016). 

The mandate with respect to these parties shall issue forthwith. 

Entered for the Court 

PER CURIAM