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CONNORS v. CONSOLIDATION COAL CO.

Nos. 88-3183, 88-3217.

866 F.2d 599 (1989)

Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William Miller, William B. Jordan, and Paul R. Dean, as Trustees of the United Mine Workers of America 1950 Pension Trust, 1950 Benefit Plan and Trust, 1974 Pension Trust, and the 1974 Benefit Plan and Trust, Appellants in No. 88-3217, v. CONSOLIDATION COAL COMPANY. Appeal of CONSOLIDATION COAL COMPANY, a corporation.

United States Court of Appeals, Third Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Anthony J. Polito (argued), Polito and Smock, P.C., Pittsburgh, Pa., for appellee-cross-appellants Consolidation Coal Co.

Margaret M. Topps, David C. Bernabucci, Kenneth M. Johnson, United Mine Workers of America Health & Retirement Funds, Office of Gen. Counsel, Washington, D.C., Jack W. Plowman, Stephanie G. Spaulding, Plowman and Spiegel, Pittsburgh, Pa., Abraham C. Reich (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for appellants-cross-appellee.

Before: GIBBONS, Chief Judge, and SCIRICA, Circuit Judges and FARNAN, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

These are cross-appeals from the district court's grant of summary judgment. Plaintiffs, trustees of the United Mine Workers of America Pension Plans and Trusts, ("Trustees") brought suit under the Labor Management Relations Act, 29 U.S.C. § 185 (1982) and the Employee Retirement Income Securities Act, 29 U.S.C. § 1132(e) (1982), alleging that the defendant, Consolidation Coal Company ("Consol"), underpaid...

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