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IN RE CHATEAUGAY CORP.

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

154 B.R. 416 (1993)

In re CHATEAUGAY CORPORATION, Reomar, Inc., The LTV Corporation, et al., Debtors. LTV STEEL COMPANY, INC., BCNR Mining Corporation, Nemacolin Mines Corporation, and Tuscaloosa Energy Corporation, Plaintiffs, v. Donna E. SHALALA, Secretary, Department of Health and Human Services; Joseph P. Connors, Sr., Marty D. Hudson, Thomas O.S. Rand, Elliott A. Segal, Carlton R. Sickles, Gail R. Wilensky, John Doe, Trustees of the United Mine Workers of America Combined Fund; and The United Mine Workers of America Combined Fund, Defendants.

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

May 7, 1993.

Attorney(s) appearing for the Case

Karen Wagner, Davis Polk & Wardwell, New York City, for LTV Steel Co.

Donald Ayer, Jones, Day Reavis & Pogue, Washington, DC, for LTV.

Jami McKeon, Peter Buscemi, Morgan Lewis & Bockius, Washington, DC, Paul A. Green, John R. Moore, Beins, Axelrod, Osborne, Moody & Green, Washington, DC, for Combined Fund and Trustees.

Roger S. Hayes, U.S. Atty., S.D.N.Y., New York City, Edward A. Smith, Asst. U.S. Atty., for U.S.

David W. Allen, UMWA Health & Retirement Funds, Washington, DC.

John Kraljic, Stroock & Stroock & Lavan, New York City, for Official Committee of Unsecured Creditors.

MEMORANDUM OPINION AND ORDER

MARTIN, District Judge:

This case centers around application of the Coal Industry Retiree Health Benefit Act of 1992, Pub.L. 102-486, Subtitle C, 106 Stat. 2776, 3036-56 (1992) (codified at 26 U.S.C. §§ 1, 9701 et seq.) (the "Coal Act"), recently enacted legislation which imposes costs on companies involved in the coal mining industry and their successors in order to provide health and life insurance benefits...

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