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CONNORS v. RYAN'S COAL CO., INC.

No. 89-7046.

923 F.2d 1461 (1991)

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 1950 Pension Plan, and 1974 Pension Plan, Plaintiffs-Appellees, v. RYAN'S COAL COMPANY, INC., a corporation; Alan's Coal Sales, a partnership; Simmons Equipment Co., Inc., a corp.; Simmons Machinery, Inc., a corporation; Berry Mountain Mining Co., Inc., a corp.; George M. Simmons, an individual; and George Alan Simmons, an individual, Defendants, Janice Simmons, an individual, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 6, 1991.

Attorney(s) appearing for the Case

William H. Mills, Gerald L. Miller, Redden, Mills & Clark, Birmingham, Ala., for defendant-appellant.

Patrick K. Nakamura, Longshore, Nakamura & Quinn, Birmingham, Ala., and United Mine Workers of America Health and Retirement Funds, Margaret M. Topps, Kathleen M. Dowd, David W. Allen, Washington, D.C., for plaintiffs-appellees.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge and SMITH, Senior Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge:

Alan's Coal Sales (Alan's) ceased operations and defaulted on its payments to the United Mine Workers Pension Fund. After Alan's failed to take steps under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA)1 to obtain arbitration, the pension fund trustees brought an action for enforcement under 29 U.S.C. § 1451 in the United States District Court for the Northern District of Alabama...

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