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FILE - In this Aug. 28, 2009, file photo, heavy equipment moves coal outside Signal Peak Energy's Bull Mountain mine near Roundup, Montana. Signal Peak is appealing to the 9th Circuit Court of Appeals to try to move ahead with an expansion that was blocked by a judge in August. (AP Photo/Matthew Brown, File)

FILE - In this Aug. 28, 2009, file photo, heavy equipment moves coal outside Signal Peak Energy's Bull Mountain mine near Roundup, Montana. Signal Peak is appealing to the 9th Circuit Court of Appeals to try to move ahead with an expansion that was blocked by a judge in August. (AP Photo/Matthew Brown, File)

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