ANKER ENERGY CORPORATION, and King Knob Coal Company, Inc., Appellants,
v.
CONSOLIDATION COAL COMPANY; United Mine Workers of America Combined Benefit Fund; Marty D. Hudson, Trustee; Michael H. Holland, Trustee; Thomas O.S. Rand, Trustee; Elliott A. Segal, Trustee; Carlton R. Sickles, Trustee; Gail R. Wilensky, Trustee; William P. Hobgood, Trustee; Kenneth S. Apfel, Commissioner of the Social Security Administration.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 25, 1999.
Filed May 14, 1999.
Attorney(s) appearing for the Case
Paul A. Manion (argued), Robert D. Finkel, Manion McDonough & Lucas, Pittsburgh, PA, Charles L. Woody, Paula Durst Gillis, Spilman Thomas & Battle, Charleston, WV, James A. Walls, General Counsel, Anker Energy Corporation, Morgantown, WV, for Appellants.
Edwin J. Strassburger (argued), David A. Strassburger, Strassburger McKenna Gutnick & Potter, Pittsburgh, PA, Robert M. Vukas, General Counsel Consol, Inc., Pittsburgh, PA, for Appellee Consolidation Coal Company.
Peter Buscemi (argued), Morgan, Lewis & Bockius, Washington, DC, John R. Mooney, Elizabeth A. Saindon, Mark J. Murphy, Mooney, Green, Baker, Gibson, and Saindon, Washington, DC, David W. Allen, Christopher Clarke, Office of the General Counsel, UMWA Health and Retirement Funds, Washington, DC, for Appellees UMWA Combined Benefit Fund and Its Trustees.
Frank W. Hunger, Assistant Attorney General, Harry Litman, U.S. Attorney, Douglas N. Letter, Edward R. Cohen (argued), Attorneys, Appellate Staff Civil Division, U.S. Department of Justice, Washington, DC, Frieda S. Colfelt, Department of Health and Human Services, Office of General Counsel, Baltimore, MD, for Appellee Commissioner of Social Security.
Before: GREENBERG, ROTH, and ROSENN, Circuit Judges
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. INTRODUCTION
In 1992, Congress enacted the Coal Industry Retiree Health Benefit Act ("Coal Act"), 26 U.S.C. §§ 9701-9722, to ensure that retired coal miners and their dependents would continue to receive the health and death benefits they had been receiving since the 1940s pursuant to a series of collective bargaining agreements. By the late 1980s...
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