FAWN MINING CORPORATION v. HUDSON

Civ. A. No. 93-2256 (JR).

878 F.Supp. 240 (1995)

FAWN MINING CORPORATION, Plaintiff, v. Marty D. HUDSON, et al., Defendants.

United States District Court, District of Columbia.

February 24, 1995.


Attorney(s) appearing for the Case

William Henry Howe, Richard Alan Steyer, Mary Lou Smith, Howe, Anderson & Steyer, Washington, DC, for Fawn Min. Corp.

Paul A. Green, John R. Mooney, Beins, Axelrod, Osborne, Mooney & Green, P.C., Peter Buscemi, Morgan, Lewis & Bockius, Washington, DC, for Marty D. Hudson, et al., Trustees of the 1992 UMWA Benefit Plan.

John R. Woodrum, Ronald E. Meisburg, Terrence J. Nolan, Smith, Heenan & Althen, Washington, DC, for BethEnergy Mines, Inc.

Stephen J. Pollak, Wendy S. White, Shea & Gardner, Washington, DC, for United Mine Workers of America Combined Benefit Fund, et al.

David West Allen, United Mine Workers of America Health and Retirement Funds, Office of General Counsel, Washington, DC, for United Mine Workers of America Health and Retirement Funds.


AMENDED MEMORANDUM OPINION

ROBERTSON, District Judge.

Before the court in this declaratory judgment action are cross-motions for summary judgment posing the narrow question whether a number of retirees were, on July 20, 1992, "receiving benefits" from a certain United Mine Workers of America (UMWA) benefit plan. The answer to that question will determine which of two new UMWA funds will provide health...

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