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IN RE CHATEAUGAY CORP.

No. 81, Docket 94-6024.

53 F.3d 478 (1995)

In re CHATEAUGAY CORPORATION; Reomar, Inc.; LTV Corporation, Debtors. LTV STEEL COMPANY, INC.; BCNR Mining Corporation; Nemacolin Mines Corporation; Tuscaloosa Energy Corporation, Appellants, v. Donna E. SHALALA, Secretary, Department of Health and Human Services; Marty D. Hudson, Thomas O.S. Rand, Elliot A. Segal, Carlton R. Sickles, Gail R. Wilensky, Ph.D., Michael H. Holland, William P. Hobgood, as Trustees of the United Mine Workers of America Combined Benefit Fund; and United Mine Workers of America Combined Benefit Fund, Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1995.

Attorney(s) appearing for the Case

Karen E. Wagner, Davis Polk & Wardwell, New York City (Donald B. Ayer, Jones, Day, Revis & Pogue, Washington, DC, of counsel), for appellants.

Edward A. Smith, Asst. U.S. Atty., S.D.N.Y., New York City (Mary Jo White, U.S. Atty., Frank W. Hunger, Asst. U.S. Atty., S.D.N.Y., of counsel), and Jami W. McKeon, Peter Buscemi, Morgan, Lewis & Bockius, Washington, DC (Paul A. Green, John R. Mooney, Beins, Axelrod, Osborne, Mooney & Green, P.C., David W. Allen, Office of the Gen. Counsel, UMWA Health and Retirement Funds, of counsel), for appellees.

Before: MAHONEY, McLAUGHLIN and HEANEY, Circuit Judges.

HEANEY, Senior Circuit Judge:

LTV Steel Company, Inc. ("LTV Steel"), and three wholly owned subsidiaries, BCNR Mining Corporation, Nemacolin Mines Corporation and Tuscaloosa Energy Corporation (collectively, with LTV Steel, "LTV"), appeal from a judgment of the district court encompassing two separate decisions. The first decision held that LTV's obligations under the Coal Industry Retiree Health Benefit Act of 1992 ("Coal Act"), Pub.L. No. 102-486, 106 Stat. 2776...

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