Legal Opinion

Black Butte Coal Co. v. United States

United States Court of Federal Claims

Decided March 1, 1993No. 91-1079LPublishedCited by 5 opinions

1Opinion of the Court

OPINION

BRUGGINK, Judge.

This matter is before the court on cross-motions for summary judgment. Jurisdiction is proper based on the Tucker Act1 and subsection 304(c) of the Federal Land Policy and Management Act of 1976.2 See Foote Mineral Co. v. United States, 228 Ct.Cl. 230, 232-33, 654 F.2d 81, 84-85 (1981); Marathon Oil Co. v. United States, 16 Cl.Ct. 332, 335 (1989). The issue to be decided is whether plaintiff correctly calculated the royalties it owed the Government on a coal mining lease between February 1980 and the present.

BACKGROUND

In March 1976, Rosebud Coal Sales Co. (“Rosebud”)…

2Cases cited23 opinions

  1. Rowan Cos. v. United StatesSupreme Court of the United States · 1981
  2. United States v. NobleSupreme Court of the United States · 1915
  3. West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Supreme Court of the United States · 1987
  4. Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
  5. Hedman v. United StatesUnited States Court of Claims · 1988

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3Cited by5 opinions

  1. Aerolease Long Beach v. United StatesUnited States Court of Federal Claims · 1994
  2. Black Butte Coal Co. v. United StatesDistrict Court, D. Wyoming · 1999
  3. Black Butte Coal Company v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1993
  4. Moncrief v. United StatesUnited States Court of Federal Claims · 1999
  5. Florida Power Corp. v. United StatesUnited States Court of Federal Claims · 1995

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