CONNORS v. TANOMA MIN. CO., INC.

Nos. 91-7028, 91-7036, 91-7037 and 91-7038.

953 F.2d 682 (1992)

Joseph P. CONNORS, Sr., as Trustee of the United Mine Workers of America 1950 Pension Trustee, et al., Appellants, v. TANOMA MINING COMPANY, INC., Eastern Coal Corporation, et al., Alabama By-Products Corporation, et al., Arch of Illinois, Inc., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1992.


Attorney(s) appearing for the Case

Wendy S. White, with whom Stephen J. Pollak and David W. Allen, Washington, D.C., were on the brief for appellants in 91-7028, 91-7036, 91-7037, and 91-7038.

Jonathan D. Schiller, with whom Randal S. Milch, Washington, D.C., for Island Creek Coal Co., Thomas A. Smock, David J. Laurent, Pittsburgh, Pa., and Ellen A. Efros, Washington, D.C., for Tanoma Mining Co., Inc., John J. Range, Washington, D.C., for Eastern Coal Corp., et al., and John M. Wood, Washington, D.C., for Associated Elec. Co-op., Inc., John R. Woodrum and William K. Doran, for Arch of Illinois, Inc., were on the joint brief for appellees in 91-7028, 91-7036, 91-7037, and 91-7038.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The trustees of the United Mine Workers of America Health and Retirement Funds appeal an order of the district court precluding them from relitigating the meaning of Article XX of the 1984 National Bituminous Coal Wage Agreement and entering summary judgment in favor of the defendant coal producers. Because issue preclusion was not appropriate, we vacate the judgment...

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