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CONNORS v. DUNKARD CREEK COAL, INC.

Nos. 91-7062, 91-7143.

983 F.2d 1107 (1993)

Joseph P. CONNORS Sr., et al., v. DUNKARD CREEK COAL, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1993.

Attorney(s) appearing for the Case

Marcia Voorhis Andrew, Cincinnati, OH, with whom Kathryn A. Ledig, Washington, DC, was on the brief, for appellant.

Stephen J. Pollak, with whom Wendy S. White, David W. Allen, Margaret M. Topps and Kenneth M. Johnson, Washington, DC, was on the brief, for appellee.

Before: MIKVA, Chief Judge, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

The Trustees of the United Mine Workers of America Health and Retirement Funds ("Trustees") brought this suit against Dunkard Creek Coal, Inc. ("Dunkard") seeking contributions due the Funds under the 1981 collective bargaining agreement. Under this agreement, contributions were required for coal "procured or acquired ... for use or for sale" when produced by non-signatory operators. Dunkard used two non...

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