Reece v. AES Corporation

Opinion

FILED

United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT April 20, 2016

_________________________________

Elisabeth A. Shumaker

Clerk of Court

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, No. 14-7010

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

(E.D. Okla.)

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; FARRELL- COOPER MINING COMPANY, an Arkansas corporation; COAL CREEK MINERALS, LLC, a Delaware limited

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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,

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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 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.

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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