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CARBON FUEL CO. v. USX CORP.

Nos. 95-2471, 95-2496, 96-2522, 95-2523.

100 F.3d 1124 (1996)

CARBON FUEL COMPANY, a West Virginia corporation, Plaintiff-Appellant, v. USX CORPORATION, a Delaware corporation; U.S. Steel Mining Co., Inc., a Delaware corporation, Defendants-Appellees, v. ARCH MINERAL CORPORATION; Arch Minerals of Kentucky; Consolidation Coal Company; Old Ben Coal Company, Third Party Defendants. CARBON FUEL COMPANY, a West Virginia corporation, Plaintiff-Appellee, v. USX CORPORATION, a Delaware corporation; U.S. Steel Mining Co., Inc., a Delaware corporation, Defendants-Appellants, v. ARCH MINERAL CORPORATION; Consolidation Coal Company; Old Ben Coal Company, Third Party Defendants-Appellees, and Arch Minerals of Kentucky, Third Party Defendant. CARBON FUEL COMPANY, a West Virginia corporation, Plaintiff-Appellee, v. USX CORPORATION, a Delaware corporation; U.S. Steel Mining Co., Inc., a Delaware corporation, Defendants-Appellees, v. ARCH MINERAL CORPORATION; Old Ben Coal Company, Third Party Defendants-Appellants, and Arch Minerals of Kentucky; Consolidation Coal Company, Third Party Defendants. CARBON FUEL COMPANY, a West Virginia corporation, Plaintiff-Appellee, v. USX CORPORATION, a Delaware corporation; U.S. Steel Mining Co., Inc., a Delaware corporation, Defendants-Appellees, v. CONSOLIDATION COAL COMPANY, Third Party Defendant-Appellant, and Arch Mineral Corporation; Arch Minerals of Kentucky; Old Ben Coal Company, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 18, 1996.

Attorney(s) appearing for the Case

ARGUED: James Knight Brown, Sr., Jackson & Kelly, Charleston, WV, for Appellant. James Michael Jarboe, USX Corporation, Pittsburgh, PA; Anthony J. Polito, Polito & Smock, P.C., Pittsburgh, PA; John Allen Lucas, Hunton & Williams, Richmond, Virginia, for Appellees. ON BRIEF: W. Henry Jernigan, Jr., Jackson & Kelly, Charleston, WV; Larry L. Roller, Carbon Fuel Company, Chesapeake, WV, for Appellant. Gregory B. Robertson, Bruin S. Richardson, III, Hunton & Williams, Richmond, VA; Charles L. Woody, Spilman, Thomas & Battle, Charleston, WV, for Appellees.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and MACKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Judge MURNAGHAN wrote the opinion, in which Senior Judge MACKENZIE joined. Judge WILLIAMS wrote an opinion concurring in the judgment.

OPINION

MURNAGHAN, Circuit Judge:

The instant appeal and cross-appeal concern the financial responsibility for premiums assessed against coal mine operators under the Coal Industry Retiree Health Benefits Act of 1992 ("the Coal Act" or "the Act"), 26 U.S.C. §§ 9701-9722, to finance health care for retired...

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