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IN RE CHATEAUGAY CORP.

No. 955, Docket 95-5062.

94 F.3d 772 (1996)

In re CHATEAUGAY CORPORATION; Reomar, Inc.; The LTV Corporation, Debtors. The AETNA CASUALTY & SURETY COMPANY, Appellant, v. LTV STEEL COMPANY, INC.; Chateaugay Corporation; Reomar, Inc.; LTV Corporation; LTV Energy Products, Co.; United States of America, Appellees.

United States Court of Appeals, Second Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

G. Eric Brunstad, Jr., Hebb & Gitlin, Hartford, CT (Peter C.L. Roth, Hebb & Gitlin, on the brief), for Appellant.

M. William Munno, Seward & Kissel, New York City (Michael B. Siller, Robert B. O'Connor, Seward & Kissel, on the brief; Karen E. Wagner, Davis Polk & Wardwell, New York City, of counsel), for Appellees LTV Corporation et al.

Linda A. Riffkin, Asst. U.S. Atty., S.D.N.Y., New York City (Mary Jo White, U.S. Atty., Steven I. Froot, Asst. U.S. Atty., of counsel), for Appellee United States of America.

Before: MAHONEY, WALKER and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

BACKGROUND

Appellee LTV Steel Company, Inc. ("LTV Steel") and its predecessor in interest have, at various times, owned and operated a number of coal mines. As a coal mine operator, LTV Steel was responsible under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-945, for the payment of black lung disability benefits to mine employees who contracted black lung...

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