GALGAY v. BEAVERBROOK COAL CO.

No. 95-7532.

105 F.3d 137 (1997)

Frank J. GALGAY; Francis P. Bonner, Trustees of the Anthracite Health and Welfare Fund (Pension Trust); Anthracite Health and Welfare Fund (Pension Trust), Appellants, v. BEAVERBROOK COAL COMPANY; George Huss Jr.; William Huss; Huss Industries, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided January 29, 1997.


Attorney(s) appearing for the Case

A. Richard Caputo (argued), Thomas J. Mosca Shea, Shea and Caputo, Kingston, PA, for Appellants.

Michael Beltrami (argued), Hazleton, PA, for Appellees.

Before: BECKER, NYGAARD and LEWIS, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal stems from appellants' action to compel Beaverbrook Coal Company, George Huss, Jr., William Huss and Huss Industries, Inc. to make interim withdrawal liability payments while the parties arbitrate liability. The district court denied appellants' motion for injunctive relief and their motion for reconsideration. We will reverse and remand.

I.

Appellants are trustees of the Anthracite...

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