Complaint Counsel s Motion for Leave to File a Reply

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UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION I4 In the Matter of ARCH COAL, INC., > 1 ) ' NEW VULCAN COAL HOLDINGS, LLC, and TFUTON COAL COMPANY, LLC Docket No. 93 16 1 1 Respondents. COMPLAINT COUNSEL'S MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF THE MOTION TO STAY THIS PROCEEDING, OR IN THE ALTERNATIVE, TO STAY DISCOVERY Complaint Counsel hereby move for leave to file a reply ("Reply") to the Opposition of Respondents to Complaint Counsel's Motion to Stay this Proceeding or, in the Alternative, to Stay Discovery ("Opposition"). Complaint Counsel believe that Respondents' Opposition contains factual inaccuracies and is without merit with respect to the issues raised by Complaint Counsel's Motion to Stay. Complaint Counsel thus believe that this Court would benefit from a brief Reply. Wherefore, Complaint Counsel respectfully move the Court for leave to file a brief Reply to Respondents' Opposition. Res ctfully s rnitted, Dated: May 25,2004 Michael H. Knight Melvin H. Orlans Thadd A. Prisco Complaint Counsel Federal Trade Commission 600 Pennsylvania Avenue, NW Washington D.C. 20580 (202) 326-2441 q4/q p,- UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION In the Matter of ARCH COAL, INC., 1 1 ) ) NEW VULCAN COAL HOLDINGS, LLC, and TRITON COAL COMPANY, LLC Respondents. I Docket No. 93 16 1 1 1 1 ORDER GRANTING COMPLAINT COUNSEL LEAVE TO FILE A REPLY Complaint Counsel's Motion for Leave to File a Reply to the Opposition of Respondents to Complaint Counsel's Motion to Stay this proceeding or, in the Alternative, to Stay Discovery is hereby GRANTED. SO ORDERED this -day of ,2004. D. Michael Chappell Administrative Law Judge CERTIFICATE OF SERVICE ' I hereby certify that I caused on this 25th day of May 2004 a copy of Complaint Counsel's Motion for LeaMe to File a Reply In Support of the Motion to Stay this Proceeding or, in the Alternative, to Stay Discovery, to be delivered by hand to: The Honorable D. Michael Chappell Federal Trade Commission H- 104 600 Pennsylvania Ave. N.W. Washington D.C. 20580 Administrative Law Judge. and electronically to: , ' William B. Reynolds, Esq. and Roxann E. H e m , Esq. Howrey Simon Arnold & White, LLP 1299 Pennsylvania Avenue, N.W. Washington D.C. 20004 Counsel for Arch Coal, Inc. Richard G. Parker, Esq. & OYMelveny Myers LLP 1625 Eye Street, N.W. Washington D.C. 20006 Counsel for New Vulcan Coal ~ o l d i n ~ s , and LLC, Triton Coal Company, L;LC Thadd A. Prisco Complaint Counsel Federal Trade Commission 600 Pennsylvania Ave. N.W. Washington D.C. 20580 (202) 326-2965

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