DISTRICT 29, UNITED MINE WORKERS OF AMERICA; Herschel Henson, Plaintiff-Appellee,
v.
UNITED MINE WORKERS OF AMERICA 1974 BENEFIT PLAN AND TRUST, Defendant-Appellant,
The Bituminous Coal Operators' Association, Inc., Amicus Curiae, and
Manlo Mining Co., a domestic corp., Gopher Mining Co., a foreign corporation, Defendant.
DISTRICT 29, UNITED MINE WORKERS OF AMERICA; Local Union 5821; Local Union 6046, United Mine Workers of America; Garland Walkup, Retiree; Madeline R. Thomas, Widow; Joseph M. Hanshew, Disabled Retiree; John Doe; Mary Doe, Plaintiff-Appellee,
v.
UNITED MINE WORKERS OF AMERICA 1974 BENEFIT PLAN AND TRUST, Defendant-Appellant, and
Royal Coal Company, Defendant,
The Bituminous Coal Operators' Association, Inc., Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 2, 1987.
Decided August 13, 1987.
Rehearing and Rehearing Denied October 16, 1987.
Attorney(s) appearing for the Case
William Francis Hanrahan (Arent, Fox, Kintner, Plotkin & Kahn; Gerald E. Cole, Jr., Gen. Counsel, United Mine Workers of America Health & Retirement Funds, Carolyn Mensi Petralia, Senior Associate Counsel, on brief) for defendant-appellant.
Bradley James Pyles (Grant Crandall, Charles F. Donnelly, Crandall & Pyles, Michael H. Holland, Gen. Counsel, Deborah Stern, United Mine Workers of America on brief) for plaintiff-appellee.
(Charles P. O'Connor; Margery Sinder Friedman; Morgan Lewis & Bockius on brief), for amicus curiae Bituminous Coal Operators' Ass'n, Inc.
Before CHAPMAN, Circuit Judge, BRITT, U.S. District Judge for the Eastern District of North Carolina, and MacKENZIE, Senior U.S. District Judge for the Eastern District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing En Banc Denied October 16, 1987.
CHAPMAN, Circuit Judge:
The complicated health benefit plan for retirees and their widows existing in the coal industry is again before the court.1 The health benefit plan protecting coal industry workers requires individual employers to provide retirement health benefits, with the "1974 Benefit Plan and Trust," an industry-wide trust fund, to assume liability for these benefits...
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