UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

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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 RESOUR CES, LLC, a Kansas limited liability company; MARINE COAL SALES COMPANY, aDelaware corporation; FARRELLCOOPER MINING COMPANY, an Arkansas corpora tion; 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 Court2 liability company; MCCORKLE TRUCK LINE, INC., an Oklahoma corporation;
HUNTER RIDGE CO AL 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 corporatio n; 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.

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ORDER AND JUDGMENT 

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Before HOLMES

, MATHESON , and McHUGH , Circuit Judges.

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

Motion to Apply Appellate Ru ling” filed by Defendants/Appe llees Marine Coal Sales

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

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

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

allow these parties to seek to have this cour t’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/A ppellees Marine Coal Sales Company,

 This order and judgment is not binding precedent, exce pt under the doctrines of law of the case, res judicata, and collateral es toppel. 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 an d Hunter Ridge Coal Company. See Reece v. AES

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

The mandate with respect to thes e parties shall issue forthwith.

Entered for the Court

PER CURIAM