EASTERN ENTERPRISES v. APFEL

No. 97-42.

524 U.S. 498 (1998)

EASTERN ENTERPRISES v. APFEL, COMMISSIONER OF SOCIAL SECURITY, et al.

United States Supreme Court.

Decided June 25, 1998.


Attorney(s) appearing for the Case

John T. Montgomery argued the cause for petitioner. With him on the briefs were John H. Mason and L. William Law.

Deputy Solicitor General Kneedler argued the cause for the federal respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Paul R. Q. Wolfson, Douglas N. Letter, and Sushma Soni.

Peter Buscemi argued the cause for respondents UMWA Combined Benefit Fund et al. With him on the brief were Stanley F. Lechner, David Lubitz, John R. Mooney, Paul A. Green, and David W. Allen. Kenneth A. Sweder filed a brief for respondents Peabody Holding Co., Inc., et al.*


Justice O'Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Scalia, and Justice Thomas join.

In this case, the Court considers a challenge under the Due Process and Takings Clauses of the Constitution to the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act or Act), 26 U. S. C. §§ 9701-9722 (1994 ed. and Supp. II), which establishes a mechanism for...

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