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HOLLAND v. HIGH-TECH COLLIERIES, INC.

Civ. A. No. 1:93-CV-158.

911 F.Supp. 1021 (1996)

Michael H. HOLLAND, Marty D. Hudson, Thomas F. Connors, and Robert T. Wallace, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs, v. HIGH-TECH COLLIERIES, INC., a corporation, Dynamic Recovery, Inc., a corporation, Hayhurst & Hill, Inc., a corporation, Canon Coal Corporation, a corporation, and Jampac, Inc., a corporation, Defendants and Third-Party Plaintiffs, v. VESTA MINING COMPANY, a corporation, Third-Party Defendant.

United States District Court, N.D. West Virginia.

January 12, 1996.

Attorney(s) appearing for the Case

Gary A. Collias, McIntyre & Collias, Charleston, WV, Kenneth M. Johnson, UMWA Health & Retirement Funds, Washington, DC, David W. Allen, Stacey M. Blumer, UMWA 1992 Benefit Plan, Office of the General Counsel, Washington, DC, Christopher F. Clarke, UMWA Health & Retirement Funds, Senior Associate Counsel, Washington, DC, for Plaintiffs and Counter-Defendant Michael H. Holland, Marty D. Holland, Thomas F. Connors, Robert T. Wallace, as Trustees of the United Mine Workers of America 1992 Benefit Plan.

Philip C. Petty, Rose, Padden & Petty, LC, Fairmont, WV, for Defendants and Third-Party Plaintiffs, and Counter-Defendants, High-Tech Collieries, and Dynamic Recovery, Incorporated, and Defendants and Third-Party Plaintiffs, Hayhurst & Hill, Incorporated, Canon Coal Corporation, Jampac, Incorporated.

Jacqueline A. Wilson, Steptoe & Johnson, Clarksburg, WV, for third-Party Defendant and Counter-Claimant, Vesta Mining Company.

MEMORANDUM OPINION

KEELEY, District Judge.

In 1992, Congress passed the National Coal Industry Retiree Health Benefit Act ("Coal Act") to "remedy problems with the provision and funding of health care benefits ... to retirees in the coal industry; (2) to allow for sufficient operating assets for [multi-employer benefit] plans; and (3) to provide for the continuation of a privately financed self-sufficient program for the delivery of health care benefits...

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