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LINDSEY COAL MIN. CO. LIQUIDATING TRUST v. SHALALA

Civ. A. No. 94-143.

901 F.Supp. 959 (1995)

LINDSEY COAL MINING COMPANY LIQUIDATING TRUST, by its Liquidating Trustees, H. Robert Lasday and Elaine K. Light, Plaintiffs, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, and 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, Defendants.

United States District Court, W.D. Pennsylvania.

September 25, 1995.

Attorney(s) appearing for the Case

Lukehart & Lundy, Jeffrey Lundy, Punxsutawney, PA, for plaintiff.

U.S. Department of Justice, Herbert E. Forrest, Brian G. Kennedy, Washington, DC, for defendant D.E. Shalala.

Houston Harbaubh, Ralph A. Finizio, Pittsburgh, PA, Morgan, Lewis & Bockius, Tracy L. Zurzolo, Washington, DC, Beins, Axelrod, Osborne, Mooney & Green, John R. Mooney, Washington, DC, for defendant UMW Benft. Fund.

OPINION

and

ORDER OF COURT

AMBROSE, District Judge.

This action for declaratory and injunctive relief challenges the constitutionality of the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C.A. §§ 9701-9722 (Supp.1995) (the "Coal Act"), as applied to Plaintiff Lindsey Coal Mining Company Liquidating Trust, also known as Lindsey Coal Mining Company, in Liquidation ("Lindsey Coal Trust"). Defendants are...

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