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IN RE LECKIE SMOKELESS COAL CO.

Nos. 96-1708, 96-1849, 96-1739 and 96-1850.

99 F.3d 573 (1996)

In re LECKIE SMOKELESS COAL COMPANY; New River Mineral Resources Company; Gould Resources, Incorporated, Debtors (Two Cases). UNITED MINE WORKERS OF AMERICA 1992 BENEFIT PLAN, and its Trustees; United Mine Workers of America Combined Benefit Fund, and its Trustees, Movants-Appellants, v. LECKIE SMOKELESS COAL COMPANY; New River Mineral Resources Company; Gould Resources, Incorporated; Royal Scot Minerals, Incorporated, Defendants-Appellees, and Unsecured Creditors Committee; Office of the United States Trustee, Parties-in-Interest. UNITED MINE WORKERS OF AMERICA 1992 BENEFIT PLAN, and its Trustees; United Mine Workers of America Combined Benefit Fund, and its Trustees, Movants-Appellants, v. LECKIE SMOKELESS COAL COMPANY; New River Mineral Resources Company; Gould Resources, Incorporated; Royal Scot Minerals, Incorporated, Defendants-Appellees, and Unsecured Creditors Committee; United States Trustee, Parties-in-Interest. In re LADY H COAL COMPANY, INCORPORATED; Consolidated Sewell, Incorporated; Sewell Coal Company; Leivasy Mining Corporation; Eastwood Construction, Incorporated, Debtors (Two Cases). LADY H COAL COMPANY, INCORPORATED; Consolidated Sewell, Incorporated; Sewell Coal Company; Leivasy Mining Corporation; Eastwood Construction, Incorporated, Debtors-Appellees, v. UNITED MINE WORKERS OF AMERICA 1992 BENEFIT PLAN, and its Trustees, Movant-Appellant, and United Mine Workers of America Combined Benefit Fund, and its Trustees, Movant, and International Union, United Mine Workers of America; District 17, United Mine Workers of America, Parties-in-Interest. LADY H COAL COMPANY, INCORPORATED; Consolidated Sewell, Incorporated; Leivasy Mining Corporation; Eastwood Construction, Incorporated, Debtors-Appellees, v. UNITED MINE WORKERS OF AMERICA 1992 BENEFIT PLAN, and its Trustees, Movant-Appellant, and International Union, United Mine Workers of America; District 17, United Mine Workers of America, Parties-in-Interest.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1996.

Attorney(s) appearing for the Case

ARGUED: Jami Wintz McKeon, Morgan, Lewis & Bockius, Philadelphia, PA, for Movants-Appellants. Ellen S. Cappellanti, Jackson & Kelly, Charleston, WV; John Allen Rollins, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for Defendants-Appellees. ON BRIEF: Marilyn L. Baker, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, D.C.; Larry D. Newsome, Barbara Locklin-George, Office of the General Counsel, UMWA Health & Retirement Funds, Washington, D.C., for Movants-Appellants. Ethan D. Fogel, Joseph A. O'Connor, Dechert, Price & Rhoads, Philadelphia, PA; Stephen L. Thompson, Barth, Thompson & George, Charleston, WV, for Defendants-Appellees.

Before MURNAGHAN and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge ERVIN and Senior Judge PHILLIPS joined.

OPINION

MURNAGHAN, Circuit Judge:

Appellants in these consolidated cases are the 1992 UMWA Benefit Plan and the UMWA Combined Benefit Fund, both of which were established pursuant to the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. §§ 9701-9722. Appellees are coal operators that have filed voluntary petitions...

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