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  5. 163 B.R. 955 (1993)
 

IN RE CHATEAUGAY CORP.

Nos. 86 B 11270 (BRL)-86 B 11334 (BRL), 86 B 11402 (BRL) and 86 B 11464 (BRL). No. 93 Civ. 0554 (JSM).

163 B.R. 955 (1993)

In re CHATEAUGAY CORPORATION, Roemar, Inc., The LTV Corporation, et al., Debtors. LTV STEEL COMPANY, INC., et al., Plaintiffs, v. Donna E. SHALALA, et al., Defendants.

United States District Court, S.D. New York.

December 15, 1993.

Attorney(s) appearing for the Case

Karen E. Wagner, Davis Polk & Wardwell, New York City, Donald B. Ayer, Jones, Day, Reavis & Pogue, Washington, DC, for plaintiffs.

Edward Smith, Asst. U.S. Atty., S.D.N.Y., New York City, for defendant Donna E. Shalala, Secretary of Health and Human Services.

Paul A. Green, Beins, Axelrod, Osbourne, Mooney & Green, P.C., Peter Buscemi, Morgan Lewis & Bockius, David Allen, General Counsel, UMWA Health & Retirement Funds, Washington, DC, for defendant United Mine Workers of America Combined Ben. Fund.

MEMORANDUM OPINION AND ORDER

MARTIN, District Judge:

This action challenges the constitutionality of the Coal Industry Retiree Health Benefits Act of 1992, 26 U.S.C. §§ 1 note, 9701 et seq. (the "Coal Act" or the "Act") under the due process clause and the takings clause of the Fifth Amendment to the Constitution. Plaintiffs seek a declaratory judgment that the Act is unconstitutional and an injunction

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