ADVENTURE RESOURCES, INC. v. HOLLAND

Nos. 96-1557, 96-1938.

137 F.3d 786 (1998)

ADVENTURE RESOURCES, INCORPORATED, a West Virginia corporation; Amigo Smokeless Coal Company, a West Virginia corporation; Tommy Creek Coal Company, a West Virginia corporation; Green Mountain Energy, Incorporated, a West Virginia corporation; M.A.E. Services, Incorporated, a West Virginia corporation; Maben Energy Corporation, a West Virginia corporation; Raleigh Leasing, Incorporated, a West Virginia corporation; Stoney Coal Company, a West Virginia corporation; Spruce Laurel Coal Company, a West No. 96-1557 Virginia corporation; Hawley Coal Mining Corporation, a West Virginia corporation; Bickford Mining, Incorporated, also known as Allports Coals, Incorporated, a West Virginia corporation; Barrett Fuel Corporation, successor by merger to Beckley Lick Run Company, a West Virginia corporation; East Gulf Fuel Corporation, a West Virginia corporation; Coal X Equipment & Supply Company, Incorporated, formerly known as Lakeside Supply Company, Incorporated, a West Virginia corporation; Beckley Repair & Hydraulic Service, Incorporated, a West Virginia corporation; Halfway, Incorporated, a West Virginia corporation; Chesapeake Leasing, Incorporated, a West Virginia corporation; Piney Fuel Corporation, a West Virginia corporation; Lakeside Leasing, Incorporated, formerly known as Airplane Leasing, Incorporated, a West Virginia corporation; Raleigh Services, Incorporated, a West Virginia corporation; Atlas Coal Leasing, Incorporated, a West Virginia corporation; Sugar Camp Mining, Incorporated, a West Virginia corporation; H.D. Enterprises, Limited, a West Virginia corporation; Jet Coal Services, Incorporated, a West Virginia corporation; Microblack, Incorporated, a West Virginia corporation; Dover Coal Sales, Incorporated, a West Virginia corporation; No. 10 Mining, Incorporated, a West Virginia corporation; Panther Red Ash Land Company, Incorporated, a West Virginia corporation, Plaintiffs-Appellees, v. Michael H. HOLLAND, Marty D. Hudson, Elliot A. Segal, Paul R. Dean, Trustees of the UMWA 1950 Pension Trusts and UMWA 1974 Pension Trusts; United Mine Workers of America 1974 Pension Trust; United Mine Workers of America 1950 Pension Trust; Michael H. Holland, Marty D. Hudson, Elliot A. Segal, Thomas O.S. Rand, Carlton R. Sickles, and Gail R. Wilensky, William P. Hobgood, Trustees Of The United Mine Workers of America Combined Benefit Fund; United Mine Workers of America Combined Fund; Michael H. Holland, Marty D. Hudson, Thomas F. Connors And Robert D. Wallace, Trustees of The UMWA 1992 Benefit Plan; United Mine Workers of America 1992 Benefit Plan; Michael H. Holland, Marty D. Hudson, Thomas F. Connors, Elliot A. Segal, Trustees of The UMWA 1993 Benefit Plan; United Mine Workers of America 1993 Benefit Plan; And Michael H. Holland, Marty D. Hudson, Elliot A. Segal, Joseph J. Stahl, Ii, Trustees of The UMWA Cash Deferred Savings Plan of 1988; United Mine Workers of America Cash Deferred Savings Plan OF 1988, Defendants-Appellants, and Donna E. Shalala, Secretary, Department of Health & Human Services, Social Security Administration of the United States of America, Defendant. ADVENTURE RESOURCES, INCORPORATED, a West Virginia corporation, Plaintiff-Appellant, and Amigo Smokeless Coal Company, A West Virginia Corporation; Tommy Creek Coal Company, A West Virginia Corporation; Green Mountain Energy, Incorporated, a West Virginia corporation; M.A.E. Services, Incorporated, a West No. 96-1938 Virginia corporation; Maben Energy Corporation, a West Virginia Corporation; Raleigh Leasing, Incorporated, a West Virginia Corporation; Stoney Coal Company, a West Virginia corporation; Spruce Laurel Coal Company, a West Virginia corporation; Hawley Coal Mining Corporation, a West Virginia corporation; Bickford Mining, Incorporated, also known as Allports Coals, Incorporated, a West Virginia corporation; Barrett Fuel Corporation, successor by merger to Beckley Lick Run Company, a West Virginia corporation; East Gulf Fuel Corporation, a West Virginia corporation; Coal X Equipment & Supply Company, Incorporated, formerly known as Lakeside Supply Company, Incorporated, a West Virginia corporation; Beckley Repair & Hydraulic Service, Incorporated, a West Virginia corporation; Halfway, Incorporated, a West Virginia corporation; Chesapeake Leasing, Incorporated, a West Virginia corporation; Piney Fuel Corporation, a West Virginia corporation; Lakeside Leasing, Incorporated, formerly known as Airplane Leasing, Incorporated, a West Virginia corporation; Raleigh Services, Incorporated, a West Virginia corporation; Atlas Coal Leasing, Incorporated, a West Virginia corporation; Sugar Camp Mining, Incorporated, a West Virginia corporation; H.D. Enterprises, Limited, a West Virginia corporation; Jet Coal Services, Incorporated, a West Virginia corporation; Microblack, Incorporated, a West Virginia corporation; Dover Coal Sales, Incorporated, a West Virginia corporation; No. 10 Mining, Incorporated, a West Virginia corporation; Panther Red Ash Land Company, Incorporated, a West Virginia corporation, Plaintiffs, v. Michael H. HOLLAND, Marty D. Hudson, Elliot A. Segal, Paul R. Dean, Trustees of the UMWA 1950 Pension Trusts and UMWA 1974 Pension Trusts; United Mine Workers of America 1974 Pension Trust; United Mine Workers of America 1950 Pension Trust; Michael H. Holland, Marty D. Hudson, Elliot A. Segal, Thomas O.S. Rand, Carlton R. Sickles, and Gail R. Wilensky, William P. Hobgood, Trustees of the United Mine Workers of America Combined Benefit Fund; United Mine Workers of America Combined Fund; Michael H. Holland, Marty D. Hudson, Thomas F. Connors and Robert D. Wallace, Trustees of the UMWA 1992 Benefit Plan; United Mine Workers of America 1992 Benefit Plan; Michael H. Holland, Marty D. Hudson, Thomas F. Connors, Elliot A. Segal, Trustees of the UMWA 1993 Benefit Plan; United Mine Workers of America 1993 Benefit Plan; and Michael H. Holland, Marty D. Hudson, Elliot A. Segal, Joseph J. Stahl, II, Trustees of the UMWA Cash Deferred Savings Plan of 1988; United Mine Workers of America Cash Deferred Savings Plan of 1988, Defendants-Appellees, and Donna E. Shalala, Secretary, Department of Health & Human Services, Social Security Administration of the United States of America, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 27, 1998.


Attorney(s) appearing for the Case

ARGUED: Jami Wintz McKeon, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for Appellants. John Allen Rollins, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, for Appellees. ON BRIEF: David W. Allen, Larry D. Newsome, Barbara Locklin-George, Brian H. Benjet, Office of the General Counsel, UMWA Health & Retirement Funds, Washington, DC; Marilyn L. Baker, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, DC, for Appellants.

Before RUSSELL, Circuit Judge, HALL, Senior Circuit Judge, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.


Affirmed in part, reversed in part, and remanded with instructions by published opinion. Senior Judge HALL wrote the opinion, in which Judge RUSSELL and Senior Judge MICHAEL joined.

OPINION

K.K. HALL, Senior Circuit Judge:

The primary question before us in this appeal is whether a debtor in bankruptcy operating under the aegis of Chapter 11 may, with regard to an executory contract in effect at the time of the filing of the petition for reorganization...

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