WARRIOR COAL CO., INC. v. CONNORS

Civ. A. Nos. 85-0372-A, 86-0009-A.

649 F.Supp. 1090 (1986)

WARRIOR COAL CO., INC., Plaintiff, v. Joseph P. CONNORS, Sr., et al., Trustees, United Mine Workers of America, 1950 and 1974 Pension Plans, Defendants. Joseph P. CONNORS, et al., Plaintiffs, v. WARRIOR COAL CO., INC., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

November 20, 1986.


Attorney(s) appearing for the Case

John H. Tate, Jr., Marion, Va., and R. Kenneth Wheeler, Richmond, Va., for plaintiff.

Stuart B. Campbell, Jr., Wytheville, Va., Gary M. Ford, Terrence M. Deneen, Mary Balent Long, William F. Hanrahan, Gerald E. Cole, Jr. and Israel Goldowitz, Washington, D.C., for defendants.


MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

The plaintiff, Warrior Coal Company, Inc. (Warrior) commenced this declaratory judgment suit on November 20, 1985 seeking a declaration that the defendants', Trustees of the United Mine Workers of America 1950 and 1974 Pension Plans (Trustees), assessment of withdrawal liability against Warrior was invalid. Subsequently, Warrior moved for summary judgment and in so doing raises two grounds: that it is...

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