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IN RE BLUE DIAMOND COAL CO.

No. CIV-3-93-473.

174 B.R. 722 (1994)

In re BLUE DIAMOND COAL COMPANY, Debtor. BLUE DIAMOND COAL COMPANY v. Donna E. SHALALA, Secretary of Health and Human Services, and . . . Trustees of the United Mine Workers' of America Combined Benefit Fund.

United States District Court, E.D. Tennessee, at Knoxville.

November 9, 1994.

Attorney(s) appearing for the Case

Dan D. Rhea, Lewis R. Hagood, Arnett, Draper & Hagood, Knoxville, TN, for Blue Diamond Coal Co.

Pamela G. Steele, U.S. Dept. of Justice, Office of U.S. Atty., Knoxville, TN, Brian G. Kennedy, Gretchen E. Jacobs, U.S. Dept. of Justice, Civ. Div. Federal Programs Branch, Washington, DC, for Donna E. Shalala.

G.W. Morton, Jr., Morton & Morton, Knoxville, TN, Jami Wintz McKeon, Peter Buscemi, Morgan, Lewis & Bockius, Paul A. Green, John R. Mooney, Edward M. Gleason, Jr., Beins, Axelrod, Osborne, Mooney & Green, P.C., David W. Allen, UMWA Health and Retirement Funds, Office of the Gen. Counsel, Washington, DC, for Trustees of United Mine Workers of America Combined Ben. Fund.

OPINION

HULL, District Judge.

This is an adversary proceeding in which Blue Diamond Coal Company, a reorganized Chapter 11 Debtor, challenges the constitutionality of the "super-reachback" provision of the Coal Industry Retiree Health Benefit Act of 1992 (the Coal Act), 26 U.S.C. §§ 9704(a)(3). All parties have moved for summary judgment; the issues have been fully briefed; and the case was heard on oral argument on Monday November 7, 1994...

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