DIST. 17, DIST. 29, LOCAL U. 7113 v. ALLIED CORP.

Nos. 83-1117(L) and 83-1210 to 83-1212.

735 F.2d 121 (1984)

DISTRICT 17, DISTRICT 29, LOCAL UNION 7113, AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA, and John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellees, v. ALLIED CORPORATION, Appellant, and Armco, Inc., Shannon Pocahontas Coal Co., corporations, and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113, AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA, John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellees, v. ARMCO, INC., Appellant, and Allied Corporation, Shannon Pocahontas Coal Co., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113 AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA, John Ramey and Joseph McCardle, on behalf of themselves and others similarly situated, Appellees, v. SHANNON POCAHONTAS COAL CO., Appellant, and Allied Corporation, Armco, Inc., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Defendants. DISTRICT 17, DISTRICT 29, LOCAL UNION 7113 AND LOCAL UNION 6023, UNITED MINE WORKERS OF AMERICA, John Ramey and Joseph McCardle on behalf of themselves and others similarly situated, Appellants, v. ALLIED CORPORATION, Armco, Inc., Shannon Pocahontas Coal Co., corporations and the United Mine Workers of America 1974 Benefit Plan and Trust, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1984.


Attorney(s) appearing for the Case

Willis J. Goldsmith, Washington, D.C. (Deborah Crandall, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., Charles L. Woody, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., Paul M. Thompson, Gregory B. Robertson, Hunton & Williams, Richmond, Va., on brief), for appellants.

Webster J. Arceneaux, III, Charleston, W.Va. (Grant Crandall, Crandall, Pyles & Crandall, Charleston, W.Va., Michael H. Holland, Deborah Stern, Daniel B. Edelman, Yablonski, Both & Edelman, Washington, D.C., on brief) and William F. Hanrahan, Gen. Counsel, UMWA Health and Retirement Funds, Washington, D.C. (Mary Anne Gibbons, Associate Counsel, Washington, D.C., on brief), for appellees.

Before SPROUSE and CHAPMAN, Circuit Judges and MERHIGE, District Judge.


CHAPMAN, Circuit Judge.

Allied Corporation (formerly Allied Chemical Corporation), Armco, Inc. and Shannon Pocahontas Coal Company, Inc.1 appeal the decision of the district court that Allied is obligated to provide health and non-pension benefits2 to a class of some 190 of Allied's retired former employees unless and until Allied can negotiate with Armco and Shannon Pocahontas for the latter two companies...

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