UMWA 1974 PENSION v. PITTSTON CO.

Nos. 92-7141, 92-7142.

984 F.2d 469 (1993)

UNITED MINE WORKERS OF AMERICA 1974 PENSION, et al., v. PITTSTON COMPANY, et al., Appellants. UNITED MINE WORKERS OF AMERICA 1974 PENSION TRUST v. RAWL SALES & PROCESSING CO., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1993.

Rehearing Denied March 31, 1993.


Attorney(s) appearing for the Case

John M. Wood, Washington, DC, and Gregory B. Robertson, Richmond, VA, with whom Kathleen H. McGuan, Washington, DC, Bruin S. Richardson, Richmond, VA, and Forrest H. Roles, Charleston, WV, were on the joint brief, for appellants. Susan F. Wiltsie, Washington, DC, also entered an appearance for appellants.

Julia P. Clark, with whom Jeremiah A. Collins, and David Allen, Washington, DC, were on the brief, for appellees.

Peter Buscemi, with whom Robert A. Dufek, Stanley F. Lechner and Thomas J. O'Brien, Washington, DC, were on the brief for amicus curiae Bituminous Coal Operators' Ass'n, Inc.

Jonathan D. Schiller and Robert C. Bell, Jr., Washington, DC, was on the brief, for amicus curiae Island Creek Corp., Drummond Co., Inc., Clemens Coal Co., Dunkard Min. Co., Kenellis Energies, Inc., and Penn Allegh Coal Co.

Francis T. Coleman, Mary Lou Smith, Washington, DC, was on the brief, for amicus curiaes Agipcoal USA, Inc., Aloe Coal Co., Beilchick Bros., Bently Coal Co., Inc., Canterbury Coal Co., Tanowia Min. Co., Inc., Myers Coal Co., Oak Grove Coal Co. and Valley Coal Co. David Laurent, Pittsburgh, PA, also entered an appearance for amicus curiae.

Before: EDWARDS, BUCKLEY and SENTELLE, Circuit Judges.


Rehearing En Banc Denied March 31, 1993.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal presents issues that have been certified by the District Court for interlocutory review pursuant to 28 U.S.C. § 1292(b). The action before us involves a suit brought by the Trustees (the "Trustees") of certain United Mine Workers of America ("UMWA") pension trusts to require pension fund contributions...

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