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DISTRICT 29, UMWA v. UMWA 1992 BENEFIT PLAN

No. 98-1215.

179 F.3d 141 (1999)

DISTRICT 29, UNITED MINE WORKERS OF AMERICA; William A. Allen; Roy Breeding; Thomas E. Davis; Carl S. Heffinger; Paul A. Hunt; Glenn E. Kitts; Albert L. Martin; Richard L. Shrader; Elhieu C. Taylor; Harold Wickline; John Doe; Mary Doe; Douglas M. Boothe; Bobby Demarcey, Plaintiffs, Patsy Trucking, Incorporated, a corporation, Defendant-Appellee, Clovis D. Cox, Third Party Defendant-Appellee, v. UNITED MINE WORKERS OF AMERICA 1992 BENEFIT PLAN; Michael H. Holland; Marty D. Hudson; Elliot A. Segal; A. Frank Dunham, Trustees, Defendants & Third Party Plaintiffs-Appellants, Robert C. Wallace, Thomas Connors, Defendants & Third Party Plaintiffs, and United Mine Workers of America Combined Benefit Plan; United Mine Workers of America 1974 Benefit Plan and Trust, Defendants, and Quality Leasing, Incorporated; Kanawha Transport, Incorporated; CarBec Trucking Company; Circle Transport, Incorporated, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1999.

Attorney(s) appearing for the Case

ARGUED: Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Appellants. Erin Magee Condaras, Jackson & Kelly, Charleston, West Virginia, for Appellees. ON BRIEF: John R. Mooney, Elizabeth A. Saindon, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, D.C.; David W. Allen, Office of the General, UMWA Health and Retirement Funds, Washington, D.C., for Appellants. Daniel L. Stickler, Jackson & Kelly, Charleston, West Virginia, for Appellees.

Before WILKINSON, Chief Judge, and HAMILTON and WILLIAMS, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Judge WILLIAMS joined.

OPINION

WILKINSON, Chief Judge:

Patsy Trucking, Incorporated fraudulently transferred its assets in order to avoid paying its retirees' health benefits. We hold that the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. § 9701 et seq., requires Patsy to provide health benefits for its retired...

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