SPRING BRANCH MIN. CO. v. UNITED MINE WKS OF AMERICA

No. 87-2674.

854 F.2d 37 (1988)

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

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1988.


Attorney(s) appearing for the Case

James R. Snyder (Michael D. Foster, Jackson & Kelly, Charleston, W.Va., on brief), for plaintiffs-appellants.

Peter H. Gould, Asst. Gen. Counsel (Melinda Tell Lazare, Pension Ben. Guar. Corp., Washington, D.C., on brief), for amicus curiae Pension Ben. Guar. Corp.

Terrence M. Deneen (William F. Hanrahan, Groom & Nordberg, Chartered, Israel Goldowitz, Deputy Gen. Counsel, Thomas S. Gigot, Asst. Gen. Counsel, United Mine Workers of America Health and Retirement Funds Office of Gen. Counsel, Washington, D.C., on brief), for defendants-appellees.

Before PHILLIPS, MURNAGHAN, and WILKINS, Circuit Judges.


PER CURIAM:

This appeal presents the issues of whether the appellant coal companies (Companies) are "employers" within the meaning of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. § 1381, et seq. (amending ERISA, 29 U.S.C. § 1001, et seq.), and therefore subject to the assessment of withdrawal liability for their proportionate share of unfunded vested employee benefits respecting the United Mine Workers of America...

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