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IN RE OLGA COAL CO.

Docket No. 97-5071

159 F.3d 62 (1998)

In re OLGA COAL COMPANY, Debtor. Joel LEWITTES, as Chapter 11 Trustee of Olga Coal Company, Plaintiff-Counter-Defendant-Appellant, v. Thomas F. CONNORS, Michael H. Holland, Marty D. Hudson and Robert T. Wallace, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Defendants-Counter-Claimants-Appellees, The United Mine Workers of America 1992 Benefit Plan, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 15, 1998.

Attorney(s) appearing for the Case

Martin G. Bunin, New York, NY (Jill R. Franco, Reid & Priest LLP, New York, NY, of Counsel), for Plaintiff-Counter-Defendant-Appellant.

Jami Wintz McKeon, Philadelphia, PA (Tracy Zurzolo Frisch, Morgan, Lewis & Bockius, LLP, Philadelphia, PA; Paul A. Green, John R. Mooney and Elizabeth A. Saindon, Mooney, Green, Baker, Gibson & Saindon, PC, Washington, DC, On Brief), for Defendants-Counter-Claimants-Appellees.

Before: NEWMAN and LEVAL, Circuit Judges, and WEXLER, District Judge.

LEVAL, Circuit Judge:

This appeal raises the question whether Section 9712 of the Coal Industry Health Benefit Act of 1992, 26 U.S.C. § 9701 et seq., requires a coal operator that is no longer "in business" to contribute to the United Mine Workers of America 1992 Benefit Plan. The district court held that it does. We agree and affirm.

Background

Olga Coal Co. ("Olga") and its predecessors operated a deep coal mine in West Virginia...

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