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CONNORS v. TREMONT MIN. CO.

Nos. 87-3350 to 87-3355 and 87-3357 to 87-3364.

835 F.2d 1028 (1987)

Joseph P. CONNORS, Sr., Paul R. Dean, William B. Jordan, William Miller, and Donald E. Pierce, as Trustees of the United Mine Workers of America 1950 Benefit Plan and Trust, Appellants, v. TREMONT MINING CO., North Cambria Fuel Co., Inc., Reitz Corp., Westover Fuel & Supply Co., North Camp Mining Co., Valley Coal Co., Longwall Mining Inc., Canterbury Coal Co., Bennetts Coal Co., Leechburg Mining Co., J.R. Sales, Inc., Jandy Coal Co., Helen Mining Co., and Consolidation Coal Co., et al.

United States Court of Appeals, Third Circuit.

Decided December 23, 1987.

Rehearing Denied January 25, 1988.

Attorney(s) appearing for the Case

Israel Goldowitz (argued), Gerald E. Cole, Jr., Margaret M. Topps, Charles G. Starrs, UMWA Health & Retirement Funds, for appellants.

Mark E. Solomons (argued), Douglas M. Mangel, Arter & Hadden, Washington, D.C., for appellees.

Anthony J. Polito, Polito & Smock, P.C., Pittsburgh, Pa., for appellee Consol. Coal Co.

Before SEITZ, HUTCHINSON and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision is whether the district court had jurisdiction to entertain an action by trustees of the United Mine Workers of America 1950 Benefit Plan and Trust (the Plan) seeking reimbursement from defendant coal operators for medical benefits paid to 650 black lung claimants. The complaint does not allege that final compensation orders have been obtained from the Department of Labor. The...

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