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MARY HELEN COAL CORP. v. HUDSON

No. Civ. 3:97CV71.

57 F.Supp.2d 318 (1999)

MARY HELEN COAL CORPORATION, Plaintiff, v. Marty D. HUDSON, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 28, 1999.

Attorney(s) appearing for the Case

John Lyons Marshall, Jr., Betty S.W. Graumlich, Patrick Michael McSweeney, McSweeney, Burtch & Crump, Richmond, VA, for Plaintiff.

Samuel Morton Brock, III, Mays & Valentine, Richmond, VA, John Mills Barr, Morgan, Lewis & Bockius, Larry D. Newsome, John R. Mooney, Mooney, Green, Baker, Gibson and Saindon, Peter Buscemi, Morgan, Lewis & Bockius, Washington, DC, John E. Kieffer, Bristol, VA, for Defendants.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This case is on remand from the United States Court of Appeals for the Fourth Circuit. Plaintiff brought this action seeking both a declaration that the Coal Industry Retiree Health Benefit Act of 1992 (the "Coal Act") was unconstitutional, as well as a refund of premiums plaintiff had paid defendants under the Coal Act. Following substantial...

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