SPRING BRANCH MIN. v. U.M.W. 1950 PEN. TR. & PL.

Civ. A. No. 2:86-0149.

691 F.Supp. 973 (1987)

SPRING BRANCH MINING COMPANY, INC., a corporation; Laramie Mining Company, Inc., a corporation; Korchler Coal Company, a corporation; and Rich Creek Mining Company, Inc., a corporation, Plaintiffs, v. UNITED MINE WORKERS OF AMERICA 1950 PENSION TRUST AND 1950 PENSION PLAN; and Joseph P. Connors, Donald E. Pierce, Jr., William Miller, William P. Jordan, and Paul R. Dean, in their capacities as Trustees of the UMWA 1950 Pension Trust and 1950 Pension Plan, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 30, 1987.


Attorney(s) appearing for the Case

Michael D. Foster, Patricia A. Calore, Jackson & Kelly, Charleston, W. Va., for plaintiffs.

Gary M. Ford, Terrence M. Deneen, Groom and Nordberg, Washington, D.C., Susan Cannon-Ryan, Charleston, W. Va., for defendants.


MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the cross-motions of the parties for summary judgment.

This action arises under the withdrawal liability provisions of the Multiemployer Pension Plan Amendment Act of 1980 (hereinafter MPPAA). Specifically, the plaintiffs contend that they may not be held liable to the defendants for alleged withdrawal liability in the amount of $1,072,378.79. An arbitrator has held that...

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