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UMW v. BITUMINOUS COAL OPERATORS' ASS'N

No. 89-7179.

898 F.2d 177 (1990)

UNITED MINE WORKERS OF AMERICA 1950 BENEFIT PLAN AND TRUST, et al., Appellants, v. BITUMINOUS COAL OPERATORS' ASSOCIATION, INC.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1990.

Attorney(s) appearing for the Case

Robert M. Weinberg, Washington, D.C., with whom David W. Allen, Baltimore, Md., Julia Penny Clark, Washington, D.C., were on the brief, for appellants.

Peter Buscemi, with whom Robert A. Dufek and Stanley F. Lechner, Washington, D.C., were on the brief, for appellee.

Before SILBERMAN, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellants, the United Mine Workers of America 1950 Benefit Plan and Trust ("1950 Benefit Trust" or "Trust"), challenge an order of the district court denying their motion for a preliminary injunction. The Trust sought the injunction to require appellee, the Bituminous Coal Operators' Association ("BCOA"), to exercise its authority to increase, pending final resolution of this...

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