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CONNORS v. BETH ENERGY MINES, INC.

Nos. 89-1960, 89-1961.

920 F.2d 205 (1990)

CONNORS, Joseph P., Sr., Pierce, Donald E., Jr., Miller, William, Jordan, William B., Dean, Paul R., 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. 89-1960, v. BETH ENERGY MINES, INC. f/t/a Bethlehem Mines Corporation and f/t/a Beth-Elkhorn Corporation. CONNORS, Joseph P., Sr., Pierce, Donald E., Jr., Miller, William, Jordan, William B., Dean, Paul R., 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, v. BETH ENERGY MINES, INC. f/t/a Bethlehem Mines Corporation and f/t/a Beth-Elkhorn Corporation, Appellants in No. 89-1961.

United States Court of Appeals, Third Circuit.

Decided December 6, 1990.

Attorney(s) appearing for the Case

Abraham C. Reich (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., David W. Allen, Margaret M. Topps, Kenneth M. Johnson, United Mine Workers of America, Health and Retirement Funds, Office of General Counsel, Washington, D.C., for appellants/cross-appellees.

J. Anthony Messina, Raymond A. Kresge (argued), Laura M. Stein, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees/cross-appellants.

Before MANSMANN, GREENBERG and SEITZ, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this contract matter we are asked to resolve a dispute which requires interpretation of the National Bituminous Coal Wage Agreements of 1981 and 1984. Specifically, we must determine whether the employer, Beth Energy Mines, Inc. ("Beth Energy") and its predecessors are obligated, under the terms of the Agreements, to credit the Trustees of the United Mine Workers Pension Trust of 1950 and 1974 and Benefit...

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