UNITY REAL ESTATE COMPANY, Appellant No. 97-3234,
v.
Marty D. HUDSON; Michael H. Holland; Thomas O.S. Rand; Elliott A. Segal; Carlton R. Sickles; Gail R. Wilensky; William P. Hopgood; Trustees of the United Mine Workers of America Combined Benefit Fund; Thomas F. Connors; Robert Wallace; Trustees of the 1992 United Mine Workers of America Benefit Plan; United States of America (Intervenor in District Court),
LTV Corporation (LTV), NACCO Industries, Inc. (NACCO); Amicus Curiae.
Barnes and Tucker Company, Appellant No. 97-3236,
v.
Marty D. Hudson, Trustee of the United Mine Workers of America Combined Benefit Fund and Trustee of the 1992 United Mine Workers of America Benefit Plan; Michael H. Holland, Trustee of the United Mine Workers of America Combined Benefit Fund and Trustee of the 1992 United Mine Workers of America Benefit Plan; Thomas O.S. Rand, Trustee of the United Mine Workers of America Combined Benefit Fund; Elliott A. Segal, Trustee of the United Mine Workers of America Combined Benefit Fund; Carlton R. Sickles, Trustee of the United Mine Workers of America Combined Benefit Fund; Gail R. Wilensky, Trustee of the United Mine Workers of America Combined Benefit Fund; William P. Hopgood, Trustee of the United Mine Workers of America Combined Benefit Fund; Thomas F. Connors, Trustee of the 1992 United Mine Workers of America Benefit Plan; Robert G. Wallace, Trustee of the 1992 United Mine Workers of America Benefit Plan; United States of America (Intervenor in the District Court),
LTV Corporation (LTV), NACCO Industries, Inc. (NACCO); Amicus Curiae.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 20, 1998.
Decided March 29, 1999.
Attorney(s) appearing for the Case
David J. Laurent, Michael D. Glass, Polito & Smock, P.C., Pittsburgh, PA, Robert H. Bork (Argued), Washington, DC, for Unity Real Estate Co.
Frank W. Hunger, Assistant Attorney General, Linda L. Kelly, United States Attorney, Douglas N. Letter, Edward R. Cohen (Argued), Sushma Soni, Attorneys, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC, for United States of America.
Peter Buscemi (Argued), John Mills Barr, Margaret S. Izzo, Morgan, Lewis & Bockius LLP, Washington, DC, David W. Allen, Office of the General Counsel, UMWA Health and Retirement Funds, Washington, DC, John R. Mooney, Marilyn L. Baker, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, DC, Ralph A. Finizio, Houston, Harbaugh, Pittsburgh, PA, for UMWA Combined Benefit Fund and Its Trustees and UMWA 1992 Benefit Plan and its Trustees.
Donald B. Ayer, Gregory G. Katsas (Argued), Jones, Day, Reavis & Pogue, Washington, DC, for Amici Curiae The LTV Corporation and NACCO Industries, Inc.
Before: BECKER, Chief Judge, ALDISERT and WEIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
BECKER, Chief Judge.
In Eastern Enterprises v. Apfel,524 U.S. 498, 118 S.Ct. 2131, 141 L.Ed.2d 451 (1998), the Supreme Court held unconstitutional the portion of the 1992 Coal Industry Retiree Health Benefit Act (Coal Act), 26 U.S.C. §§ 9701-9722 (1994 & Supp. II), that required former coal mine operators to pay for health benefits for retired miners and their dependents, as applied...
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