R.G. JOHNSON CO., INC. v. APFEL

Nos. 98-5109, 98-5127.

172 F.3d 890 (1999)

R.G. JOHNSON COMPANY, INC., Appellee, v. Kenneth S. APFEL, Commissioner of Social Security and Michael H. Holland, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1999.


Attorney(s) appearing for the Case

Peter Buscemi, with whom John R. Mooney, David W. Allen, and Carolyn O'Meara Dutrow were on the briefs, argued the cause for appellants UMWA Combined Benefit Fund and its Trustees.

Alexander D. Shoaibi, Assistant U.S. Attorney, with whom Wilma A. Lewis, United States Attorney, Mark E. Nagle, and R. Craig Lawrence, Assistant U.S. Attorneys, and Donna J. Fuchsluger, Counsel, Social Security Administration, were on the briefs, argued the cause for federal appellant.

Mary Lou Smith, with whom William H. Howe and Richard A. Steyer were on the brief, argued the cause for appellee R. G. Johnson Company, Inc.

Before WILLIAMS and RANDOLPH, Circuit Judges, and BUCKLEY, Senior Circuit Judge.


Opinion for the court filed by Senior Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge RANDOLPH.

BUCKLEY, Senior Circuit Judge:

The Coal Industry Retiree Health Benefit Act of 1992 directs the Commissioner of Social Security to assign financial responsibility for coal industry retirees covered by certain United Mine Workers of America collective bargaining agreements either to a "signatory operator" that formerly employed the retiree...

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