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IN RE BLUE DIAMOND COAL CO.

No. 94-6539.

79 F.3d 516 (1996)

In re BLUE DIAMOND COAL COMPANY, Debtor. BLUE DIAMOND COAL COMPANY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Donna E. Shalala; United Mine Workers of America, Combined Benefit Fund, Michael H. Holland, William Hobgood, Marty D. Hudson, Thomas O.S. Rand, Elliott A. Segal, Carlton R. Sickles, and Gail R. Wilensky, Trustees, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 21, 1996.

Attorney(s) appearing for the Case

Dan D. Rhea and Lewis R. Hagood (argued and briefed), Arnett, Draper & Hagood, Knoxville, TN, for Plaintiff-Appellant.

Pamela G. Steele, Asst. U.S. Attorney, Knoxville, TN, Scott R. McIntosh (argued and briefed), Appellate Staff, Brian G. Kennedy, William Kanter, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Secretary of Health and Human Services.

Peter Buscemi (argued and briefed), Jami Wintz McKeon, Morgan, Lewis & Bockius, Washington, DC, David W. Allen, UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, George W. Morton, Jr., Morton, Thomforde & Morton, Knoxville, TN, Paul A. Green, Beins, Axelrod, Osborne, Mooney & Green, Washington, DC, for United Mine Workers of America, Combined Benefit Fund.

Before BROWN, SILER and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff-Appellant Blue Diamond Coal Company ("Blue Diamond") appeals the district court's order granting summary judgment to Defendants-Appellees Donna E. Shalala, Secretary of Health and Human Services (the "Secretary"), and the Trustees of the United Mine Workers of America Combined Benefit Fund (the "Trustees"). Blue Diamond argues that application of the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. §§ 9701-9722...

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