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BITUMINOUS COAL OPERATORS' ASS'N, INC. v. CONNORS

No. 87-7171.

867 F.2d 625 (1989)

BITUMINOUS COAL OPERATORS' ASSOCIATION, INC. v. Joseph P. CONNORS, Sr., et al. Appeal of ASSOCIATED ELECTRIC COOPERATIVES, INC.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1989.

As Amended February 23, 1989.

Attorney(s) appearing for the Case

John M. Wood, Washington, D.C., for appellant.

William J. Bethune, with whom James J. Bierbower, Mark B. Bierbower and Israel Goldowitz, Washington, D.C., were on the brief, for appellees.

Hugh J. Beins, John R. Mooney, Paul A. Green and Michael H. Holland, Washington, D.C., were on the brief for amicus curiae, United Mine Workers of America, urging affirmance.

Before MIKVA and D.H. GINSBURG, Circuit Judges, and JACKSON, District Judge.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge.

The issue in this case is whether a collective bargaining agreement between Associated Electric Cooperative, Inc. (AEC) and the United Mine Workers of America (UMW) required AEC to continue making contributions to the UMW 1950 Pension Trust (the Trust) after the Trust became "fully funded" under federal tax law. In this action brought by the Trustees, the district court...

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