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HOLLAND v. KEENAN TRUCKING CO.

No. 96-1262.

102 F.3d 736 (1996)

Michael H. HOLLAND; Marty D. Hudson; Thomas F. Connors; Robert T. Wallace, as Trustees of the Plaintiff United Mine Workers of America 1992 Benefit Plan; United Mine Workers Of America 1992 Benefit Plan, Plaintiffs-Appellees, United States of America, Intervenor, v. KEENAN TRUCKING COMPANY, a corporation; Eastern Energy Investments, a corporation; Cedar Trucking Company, a corporation; Darrell Keenan, individually, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1996.

Attorney(s) appearing for the Case

ARGUED: Walter Scott Evans, Holroyd & Yost, Charleston, WV, for Appellants. Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, DC, for Appellees. Sushma Soni, Appellate Staff, Civil Division, United States Department Of Justice, Washington, DC, for Intervenor. ON BRIEF: Frederick P. Holroyd, II, Holroyd & Yost, Charleston, WV, for Appellants. David W. Allen, Office of the General Counsel, UMWA Health And Retirement Funds, Washington, DC; John R. Mooney, Marilyn L. Baker, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, DC, for Appellees. Frank W. Hunger, Assistant Attorney General, Rebecca Aline Betts, United States Attorney, Douglas N. Letter, Appellate Staff, Civil Division, United States Department Of Justice, Washington, DC, for Intervenor.

Before WILKINSON, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Affirmed by published opinion. Chief Judge Wilkinson wrote the opinion, in which Judge Widener and Judge Wilkins joined.

OPINION

WILKINSON, Chief Judge:

Appellants, Darrell Keenan and various businesses owned by him and his wife Janet, appeal the district court's grant of summary judgment to the Trustees of the United Mine Workers of America Combined Benefit Fund ("1992 Plan") in a suit brought to...

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