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CONNORS v. LINK COAL CO., INC.

Nos. 91-7051, 91-7052 and 91-7059.

970 F.2d 902 (1992)

Joseph P. CONNORS, Sr., et al., Appellants, v. LINK COAL COMPANY, INC., et al. Joseph P. CONNORS, Sr., et al., Appellants, v. ISLAND CREEK CORPORATION, et al. Joseph P. CONNORS, Sr., as Trustee of the United Mine Workers of America 1950 Pension Trust, et al., Appellants, v. DRUMMOND COAL CO., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1992.

Rehearing and Rehearing Denied September 14, 1992.

Attorney(s) appearing for the Case

Julia Penny Clark, with whom Jeremiah A. Collins, Susan D. Carle, and David W. Allen, Washington, D.C., were on the brief, for appellants in Nos. 91-7051, 91-7052 and 91-7059.

Robert C. Bell, Washington, D.C., for appellees. Jonathan D. Schiller, William A. Isaacson, Raymond Paretzky, Washington, D.C., Michael J. Farrell and Barry M. Taylor, Huntington, W.Va., were on the brief for appellees, Island Creek Corp., et al. in Nos. 91-7051 and 91-7059. Thomas P. Gies, Washington, D.C., also entered an appearance, for appellees.

John R. Mooney, with whom Paul A. Green, Robert H. Stropp, Jr. and Earl V. Brown, Jr., Washington, D.C., were on the brief, for appellee United Mine Workers of America in Nos. 91-7051, 91-7052 and 91-7059. Judith A. Scott, Washington, D.C., also entered an appearance for appellee.

Peter Buscemi, Robert A. Dufek, Alissa D. Aaronson and Stanley F. Lechner, Washington, D.C., were on the brief, for amicus curiae urging reversal.

Before: BUCKLEY, WILLIAMS and RANDOLPH, Circuit Judges.

Rehearing and Rehearing En Banc Denied in No. 91-7051 September 14, 1992.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The continual discovery of new coal mines and exhaustion of old ones leads to a very high turnover of employers in the coal industry. Because of this and the mobility of employees, labor and management in the industry have since 1950 worked out a means for assuring workers retirement...

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