NOTE This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

2009-5083

CONSOLIDATION COAL COMPANY, CONSOL OF PENNSYLVANIA COAL

COMPANY, CONSOL OF KENTUCKY INC., EIGHTY FOUR MINING COMPANY,

HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY,

KENT COAL MINING COMPANY, KEYSTONE COAL MINING CORPORATION,

LAUREL RUN MINING COMPANY, MCELROY COAL COMPANY, NINEVAH COAL

COMPANY, QUARTO MINING COMPANY, EAGLE ENERGY, INC.,

ELK RUN COAL COMPANY, INC., GOALS COAL COMPANY,

GREEN VALLEY COAL COMPANY, INDEPENDENCE COAL COMPANY, INC.,

KNOX CREEK COAL CORPORATION, MARFORK COAL COMPANY, INC.,

MARTIN COUNTY COAL CORPORATION, PEERLESS EAGLE COAL COMPANY,

PERFORMANCE COAL COMPANY, RAWL SALES & PROCESSING, SIDNEY COAL

COMPANY, INC., STONE MINING COMPANY, JIM WALTER RESOURCES, INC.,

EASTERN ASSOCIATED COAL CORP., KINGSTON RESOURCES, INC.,

PIONEER FUEL CORPORATION, and POWDER RIVER COAL COMPANY,

Plaintiffs-Appellants,

and

WELLMORE ENERGY COMPANY, LLC

(formerly known as Rapoca Energy Company, LLC),

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

Appeal from the United States Court of Federal Claims in 01-CV-254 and

01-CV-442, Senior Judge Bohdan A. Futey.

ON MOTION

ORDER

Consolidation Coal et al. move without opposition for an extension of time, until

August 17, 2009, to file their brief.
The court notes that several entities listed in the notice of appeal and in entries of

appearance do not appear on the docket sheet of the United States Court of Federal

Claims and thus are not listed in this court's caption. It is not clear whether these

entities were involved in the litigation in the trial court. The parties are:

Apogee Coal Company

Arch Western Resources, LLC

Canyon Fuel Company, LLC

Catenary Coal Company

Coal-Mac, Inc.

Dal-Tex Coal Corporation

Hobet Mining, Inc.

Mingo Logan Coal Co.

Paynter Branch Mining, Inc.

Plateau Mining Corporation

Rag Cumberland Resources, L.P.

Rag Emerald Resources, L.P.

Twentymile Coal Company

Coastal Coal Company, LLC

Coastal Coal-West Virginia, LLC

Evergreen Mining Company

Mid-Vol Leasing, Inc.

Mountaineer Coal Development Company

Old Ben Coal Company

Shipyard River Coal Terminal Company

Riverside Energy, Inc.

Virginia Crews Coal Company

Clintwood Elkhorn Mining Company

Gatliff Coal Company

Premier Elkhorn Coal Company

Perry County Coal Corporation

Glamorgan Coal Company, LLC

Terry Eagle, L.P.

Nicholas-Clay Land & Mineral, Inc.

Nicholas-Clay Company, LLC

Andalex Resources, Inc.

Genwal Resources, Inc.

Pacific Coast Coal Company

Usibelli Coal Mine, Inc.

West Ridge Resources, Inc.

United States Steel Mining Company, LLC

Covenant Coal Corporation

2009-5083	 2
In addition, although Powder River Coal Company is not listed on the trial court's

docket sheet as a party, the court notes that Powder River was added as a plaintiff on

July 23, 2001. Thus, the court's official caption is revised to add Powder River Coal

Company as a plaintiff-appellant.

Accordingly,

IT IS ORDERED THAT:

The motion for an extension of time is granted.

The official caption is revised to add Powder River Coal Company as a

plaintiff-appellant.

(3)

	

The appellants are directed to respond within 14 days of the date of filing

of this order whether the above-listed entities were part of the case in the trial court; if

they were the appellants should provide documentation to that effect.

FOR THE COURT

JUL 2 1 2009 /s/ Jan Horbaly

Date Jan Horbaly

Clerk

cc:	Steven H. Becker, Esq.

John Y. Merrell, Jr., Esq.

Tara K. Hogan, Esq.

s17 FP_ U.S. COURT OFIL APPEALS FOR THE FEDERAL CIRCUIT

JUL 2 1 2009

JAN HORBALY

CLERK

2009-5083	 3