IN RE BITUMINOUS COAL WAGE AGREEMENTS LITIGATION

Misc. No. 9604. MDL 536.

580 F.Supp. 670 (1984)

In re BITUMINOUS COAL WAGE AGREEMENTS LITIGATION.

United States District Court, W.D. Pennsylvania.

February 21, 1984.


Attorney(s) appearing for the Case

David McNeil Olds (argued), Daniel I. Booker, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. for Duquesne Light Co., Associated Electric Coop., Union Carbide Corp. and U.S. Fuel Co.

John L. Kilcullen, Kilcullen, Wilson & Kilcullen, Washington, D.C. for Reitz Coal Co. and Doe Valley Coal Co.

Anthony J. Polito, Corcoran, Hardesty, Ewart, Whyte & Polito, Pittsburgh, Pa. for Consolidation Coal Co., Royalty Smokeless Coal Co., Shannon Pocahontas Coal Co., Virginia Crews Coal Co., Gilbert Fuel Co., and La Luz Ohio, Inc.

Gregg M. Rosen, Rosen & Mahfood, Pittsburgh, Pa. for Old Home Manor, Inc.

Harry L. Hopkins, Charles C. Pinckney, Lange, Simpson, Robinson & Somerville, Birmingham, Ala. for Pulltight Coal, Inc., Lakeside Coal Co. and Kinlock Coal, Inc.

John W. Latella, Cauley, Conflenti & Latella, Pittsburgh, Pa. for Luzerne Coal Corp.

Jeffrey J. Leech, Tucker Arensberg, Pittsburgh, Pa. for West Newton Coal Logistics.

Stephen J. Pollak, Wendy S. White (argued), Shea & Gardner, Washington, D.C. for the Trustees of the United Mine Workers of America Health and Retirement Funds.

Willard P. Owens (argued), Washington, D.C. for International Union, United Mine Workers of America.


OPINION

MANSMANN, District Judge.

This matter comes before this Court on Motions for Summary Judgment filed by certain Plaintiffs1 and Defendants2 in this multidistrict litigation.3

In thirteen of the nineteen cases before this Court,4 the Plaintiffs are the Trustees ("Trustees") of various pension plans (the "Funds") established by...

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