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PENN ALLEGH COAL CO., INC. v. HOLLAND

No. 98-7161.

183 F.3d 860 (1999)

PENN ALLEGH COAL COMPANY, INC., Appellee, v. Michael H. HOLLAND, Marty D. Hudson, Elliot A. Segal and A. Frank Dunham, as Trustees of the UMWA 1992 Benefit Plan, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1999.

Attorney(s) appearing for the Case

Peter Buscemi, with whom Paul A. Green and David W. Allen were on the briefs, argued the cause for appellants.

E. Preston Rutledge, with whom John R. Woodrum was on the brief, argued the cause for appellee.

Before EDWARDS, Chief Judge, ROGERS, Circuit Judge, and BUCKLEY, Senior Circuit Judge.

Opinion for the court filed by Senior Judge BUCKLEY.

BUCKLEY, Senior Judge:

The trustees of a health benefit plan created by the Coal Industry Retiree Health Benefit Act of 1992 claim that Penn Allegh Coal Company is obliged to pay premiums to the plan because it is responsible, under section 9711(b) of the Act as codified, 26 U.S.C. § 9711(b) (1994), for the continuing payment of the health benefits due a former employee under an earlier industry-wide...

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