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BARRICK GOLD EXPLORATION, INC. v. HUDSON

No. 93-3783.

47 F.3d 832 (1995)

BARRICK GOLD EXPLORATION, INCORPORATED; Gateway Coal Company; Maxus Energy Corporation; and Creighton Hills Coal Co., Inc., Plaintiffs-Appellants, v. Marty D. HUDSON, et al., Defendants-Appellees, United States of America, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 24, 1995.

Attorney(s) appearing for the Case

David J. Laurent (argued and briefed), Thomas A. Smock (briefed), Polito & Smock, Pittsburgh, PA, and Gerald L. Draper (briefed), Thompson, Hine & Flory, Columbus, OH, for plaintiffs-appellants.

Douglas N. Letter (argued and briefed), Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for intervenor.

Alvin James McKenna, Porter, Wright, Morris & Arthur, Columbus, OH, Peter Buscemi (argued and briefed), Morgan, Lewis & Bockius, Paul A. Green, and John R. Mooney, Beins, Axelrod, Osborne, Mooney & Green, Washington, DC, for defendants-appellees.

Dan D. Rhea (briefed) and Lewis R. Hagood (briefed), Arnett, Draper & Hagood, Knoxville, TN, for amicus curiae.

Before: KEITH, NELSON, and SUHRHEINRICH, Circuit Judges.

DAVID A. NELSON, Circuit Judge.

We are presented in this appeal with a challenge to the constitutionality of the Coal Industry Retiree Health Benefits Act of 1992, 26 U.S.C. §§ 9701, et seq. (the "Coal Act"), as applied to the plaintiff companies.1

The plaintiffs conducted coal mining operations over a number of years, and they or their predecessors bound themselves to a series of collective bargaining agreements...

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