### NOTE This order is nonprecedential.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 2In 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 OF

IL 

### APPE ALS FOR THE FEDERAL CIRCUIT

JUL 2 1 2009

JAN HORBALY CLERK

2009-5083 3