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HOLLAND v. NEW ERA COAL CO.

No. 97-6332.

179 F.3d 397 (1999)

Michael H. HOLLAND; Marty D. Hudson; Thomas F. Connors; Robert T. Wallace, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs-Appellants, v. NEW ERA COAL COMPANY, INC., Defendant, Mate Creek Development, Inc.; Sidney Coal Company, Inc., doing business as Clean Energy Company, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

David W. Hupp, Linda J. Wallbaum (briefed), Segal, Sales, Stewart, Cutler & Tillman, Louisville, KY, Larry D. Newsome (briefed), Jonathan Sokolow (argued and briefed), UMWA Health & Retirement Funds, Office of the General Counsel, Washington, D.C., for Plaintiffs-Appellants.

W. Henry Jernigan, Jr. (briefed), Ellen S. Cappellanti (argued), Jackson & Kelly, Charleston, West Virginia, for Defendant-Appellee Mate Creek Development, Inc.

Donald P. Wagner (briefed), Stoll, Keenon & Park, Lexington, KY, Gregory B. Robertson (argued and briefed), Hunton & Williams, Richmond, Virginia, for Defendant-Appellee Sidney Coal Co., Inc.

Before: JONES and SUHRHEINRICH, Circuit Judges; ECONOMUS, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiff trustees of a coal worker benefit plan appeal from the grant of summary judgment to two Defendant coal-mine operator employers on Plaintiffs' claim to collect payments for employee benefits from three Defendant employers under the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. §§ 9701-9722 ("Coal Act") (West Supp.1998).

The district...

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