Free Motion to Substitute Party - District Court of Federal Claims - federal

Case 1:01-cv-00442-BAF

Document 18

Filed 10/24/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________ Nos. 01-254C & 01-442C (Judge Futey) ********************* CONSOLIDATION COAL * COMPANY, ET AL., * * Plaintiffs, * * v. * No. 01-254C * THE UNITED STATES, * * Defendant. * ___________________________ * * RAPOCA ENERGY COMPANY, * LLC * * Plaintiff, * * v. * No. 01-442C * THE UNITED STATES, * * Defendant. * ********************* ____________________ SECOND MOTION FOR SUBSTITUTION OF PARTIES ____________________ Plaintiff, Rapoca Energy Company, LLC, moves the Court to allow for the substitution of Wellmore Energy Company, LLC, as plaintiff in Docket No. 01-442C, pursuant to Rule 25(c) of the Rules of the United States Court of Federal Claims.

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Case 1:01-cv-00442-BAF

Document 18

Filed 10/24/2007

Page 2 of 3

Federal Court of Claims, No. 01-442C was originally brought by Rapoca Energy Company. Following a reorganization, Rapoca Energy Company, LLC became the successor in interest to Rapoca Energy Company and on May 21, 2004, the Court ordered the substitution of Rapoca Energy Company, LLC, for Rapoca Energy Company. The name of Rapoca Energy Company, LLC was changed, in 2006, to Wellmore Energy Company, LLC. Counsel for plaintiffs in Consolidation Coal Company, et al., No 01-254C, and counsel for defendant have authorized plaintiff, Rapoca Energy Company, LLC, to state that they have no objection to the allowance of this motion. WHEREFORE, plaintiff, Rapoca Energy Company, LLC, requests its motion be allowed. Respectfully submitted, MERRELL & MERRELL, P.C. By: /s/ John Y. Merrell, Jr. John Y. Merrell, Jr. Merrell & Merrell, P.C. Attorney for Plaintiff 1477 Chain Bridge Road Suite 101 McLean, VA 22101 Tel: (703) 790-8440 Fax: (703) 790-8944 Of Counsel: John Y. Merrell Date: October 24, 2007

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Case 1:01-cv-00442-BAF

Document 18

Filed 10/24/2007

Page 3 of 3

CERTIFICATE OF ELECTRONIC FILING I hereby certify that on this 24nd day of October 2007, the foregoing SECOND MOTION FOR SUBSTITUTION OF PARTIES was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system and may be accessed thereby. /s/ John Y. Merrell, Jr.

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