IN RE CHATEAUGAY CORP.

No. 246, Docket 90-5020.

945 F.2d 1205 (1991)

In re CHATEAUGAY CORPORATION, Reomar, Inc., the LTV Corporation, et al., Debtors. LTV STEEL COMPANY, INC., BCNR Mining Corporation, Nemacolin Mines Corporation, and Tuscaloosa Energy Corporation, Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA, Defendant-Appellee, 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 1974 Benefit Plan and Trust, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Dismissed December 17, 1990.

Motion For Reinstatement January 23, 1991.

Decided March 18, 1991.

Appeal Reinstated April 18, 1991.

Decided September 17, 1991.


Attorney(s) appearing for the Case

William F. Hanrahan, Groom and Nordberg, Washington, D.C., Michael Devorkin, John J. Rieck, Jr., Doar, Devorkin & Rieck, New York City, David W. Allen, General Counsel, United Mine Workers of America Health and Retirement Funds, Washington, D.C., for appellants.

Sharon Katz, Karen E. Wagner, Davis Polk & Wardwell, Kaye, Scholer, Fierman, Hays & Handler, New York City, for appellees.

Before OAKES, Chief Judge, MESKILL, Circuit Judge, and RESTANI, Judge.


MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Kram, J., affirming a judgment of the United States Bankruptcy Court. 111 B.R. 399. The bankruptcy court, in orders dated August 1 and 4, 1988, concluded that the Retiree Benefits Bankruptcy Protection Act of 1988, Pub.L. No. 100-334, 102 Stat. 610 (1988) ("Bankruptcy Protection Act" or the "Act") (codified...

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