No. 89-7323.

906 F.2d 539 (1990)

A.J. TAFT COAL, INC., et al., Plaintiffs-Appellees, v. Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William Miller, et al., Defendants-Appellants. Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William Miller, et al., Plaintiffs-Appellants, v. DRUMMOND COAL COMPANY, INC.; Alabama By-Products Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 19, 1990.

Attorney(s) appearing for the Case

Stephen J. Pollak, Wendy S. White, Shea & Gardner, David W. Allen, Washington, D.C., Margaret M. Topps, Patrick K. Nakamura, Stropp & Nakamura, Birmingham, Ala., for defendants-appellants and plaintiffs-appellants.

Charles A. Powell, III, Powell, Tally & Fredercik, David M. Smith, Fournier J. Gale, III, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for A.J. Taft Coal, Inc.

Before COX, Circuit Judge, HILL and SMITH, Senior Circuit Judges.

COX, Circuit Judge:

This case involves two declaratory judgment actions which were consolidated for trial in the Northern District of Alabama. The first action, filed in January 1986 in the United States District Court for the District of Columbia, was brought by the Trustees of the United Mine Workers Health and Retirement Funds (the "Funds") against two Alabama coal producers, Drummond Coal Company and Alabama By-Products Corporation, and one Kentucky producer,...

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