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TEMPLETON COAL CO., INC. v. SHALALA

No. TH 93-158-C-T/H.

882 F.Supp. 799 (1995)

TEMPLETON COAL COMPANY, INC., Sherwood-Templeton Coal Company, Inc., Princeton Mining Company, and Berwind Corporation, Plaintiffs, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Defendant. United Mine Workers of America Combined Benefit Fund and its Trustees, Marty D. Hudson, Michael Holland, Elliot A. Segal, Thomas O.S. Rand, Carlton R. Sickles, Gail R. Willensky, and William P. Hobgood, Intervenor-Defendants.

United States District Court, S.D. Indiana, Terre Haute Division.

April 4, 1995.

Attorney(s) appearing for the Case

Peter Buscemi, Morgan Lewis & Bockius, Rosemary M. Collyer, Crowell & Moring, Washington, DC, Edward J. Fillenwarth Jr., Fillenwarth Dennerline Groth & Baird, Indianapolis, IN, David H. Goeller, Wilkinson Goeller Modesitt, Terre Haute, IN, John R. Mooney, Beins Axelrod Osborne Mooney & Green, Washington, DC, for plaintiff.

Gretchen E. Jacobs, Federal Programs Branch, Dept. of Justice, Washington, DC, Jill E. Zengler, Indianapolis, IN, for defendant.

MEMORANDUM ENTRY REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

TINDER, District Judge.

This matter comes before the court upon cross motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. The court, having considered the submissions and briefs of the parties, finds that Plaintiffs' motion for summary judgment should be DENIED, and Defendants' cross motions for summary judgment should be GRANTED.

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