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HEMENWAY v. PEABODY COAL CO.

Nos. 96-2367, 96-2462.

159 F.3d 255 (1998)

George E. HEMENWAY, et al., Plaintiffs-Appellants, Cross-Appellees, v. PEABODY COAL COMPANY and Peabody Development Company, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 1998.

Rehearing and Suggestion for Rehearing Denied October 14, 1998.

Attorney(s) appearing for the Case

George E. Stigger, III, Henderson, KY, George A. Barton (argued), Rasmussen, Barton & Willis, Kansas City, MO, for Plaintiffs-Appellants in No. 96-2367.

John B. Drummy, Kightlinger & Gray, Indianapolis, IN, W. Stanley Walch (argued), Stephen R. Welby, Lawrence C. Friedman, St. Louis, MO, for Peabody Coal Company in No. 96-2367.

John B. Drummy, Kightlinger & Gray, Indianapolis, IN, for Peabody Development Company in No. 96-2367.

George E. Stigger, III, Henderson, KY, George A. Barton (argued), Rasmussen, Barton & Willis, Kansas City, MO, for Plaintiffs-Appellees in No. 96-2462.

John B. Drummy, Kightlinger & Gray, Indianapolis, IN, W. Stanley Walch (argued), Stephen R. Welby, Lawrence C. Friedman, St. Louis, MO, Ron A Hobgood, David R. Sauvey, Brent Weil, Kightlinger & Gray, Evansville, IN, for Peabody Coal Company in No. 96-2462.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 14, 1998.*

EASTERBROOK, Circuit Judge.

A mineral lease signed in 1969 requires Peabody Coal Company to pay a royalty based on the coal's "sales price". During the 1970s Congress enacted two excise taxes. One, for the benefit of the Black Lung Disability Trust Fund, is 55¢ per ton of surfacemined coal, with a cap at 4.4% of the coal's selling price. 26 U.S.C. §...

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