MEMORANDUM OPINION
SPORKIN, District Judge.
This matter comes before the Court on the Plaintiffs and Defendant's cross motions for summary judgment. Plaintiff Apogee Coal Company produces bituminous coal in Illinois, West Virginia, and Kentucky. Apogee is a wholly-owned subsidiary of Arch Coal, Inc. Plaintiffs Lone Mountain Processing, Inc. and Cumberland River Coal Company are wholly-owned subsidiaries of Catenary Coal Holdings, Inc., which in turn...
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