United States Court of Federal Claims November 8, 2002, Nos. 99-267T, 99-516T, 00-551T (Usibelli Coal Mine v. United States)

OPINION

ALLEGRA, Judge.

This case presents an important issue of first impression. In its ground-breaking decision in Cyprus Amax Coal Co. v. United States, 205 F.3d 1369 (Fed.Cir.2000), cert. denied, 532 U.S. 1065, 121 S.Ct. 2214, 150 L.Ed.2d 208 (2001), the Federal Circuit held that this court had jurisdiction under the Tucker Act, 28 U.S.C.