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HOLLAND v. APFEL

Civil Action No. 96-01744 (CKK).

23 F.Supp.2d 21 (1998)

Michael H. HOLLAND, et al., as Trustees of the United Mine Workers of America Combined Benefit Fund, Plaintiffs, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant, and National Mining Association, et al., Intervenors-Defendants.

United States District Court, District of Columbia.

September 9, 1998.

Attorney(s) appearing for the Case

Stephen John Pollak, Shea & Gardner, Washington, DC, for Plaintiffs.

Gretchen E. Jacobs, U.S. Department of Justice, Federal Programs Branch, Washington, DC, for Defendant.

John R. Woodrum, Smith, Heenan, Althen & Roles, Washington, DC, for Intevenors-Defendants.

MEMORANDUM OPINION

KOLLAR-KOTELLY, District Judge.

The seven named plaintiffs in the above-captioned case, acting as Trustees of the United Mine Workers of America Combined Benefit Fund ("Trustees"), allege that Kenneth S. Apfel,1 Commissioner of the Social Security Administration ("Commissioner"), violated the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), by interpreting § 9704(b)(2) of the Coal Industry Retiree...

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