THE PITTSTON COMPANY; Buffalo Mining Company; Clinchfield Coal Company; Eastern Coal Corporation; Elkay Mining Company; Jewell Ridge Coal Corporation; Kentland-Elkhorn Coal Corporation; Meadow River Coal Company; Pittston Coal Group; Ranger Fuel Corporation, Plaintiffs-Appellants,
v.
UNITED STATES of America, Defendant & Third Party Plaintiff-Appellee,
v.
Michael H. Holland, Trustee of the United Mine Workers of America Combined Benefit Fund; United Mine Workers of America Combined Benefit Plan; Elliot A. Segal, Trustee of the United Mine Workers of America Combined Benefit Fund; William P. Hobgood, Trustee of the United Mine Workers of America Combined Benefit Fund; Marty D. Hudson, Trustee of the United Mine Workers of America Combined Benefit Fund; Thomas O.S. Rand, 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; Carl E. Van Horn, Trustee of the United Mine Workers of America Combined Benefit Fund, Third Party Defendants-Appellees, and
The Bituminous Coal Operators' Association, Incorporated; International Union, United Mine Workers of America, Parties in Interest.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 23, 1999.
Decided: December 27, 1999.
Attorney(s) appearing for the Case
ARGUED: Wade Wallihan Massie, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellants. Jeffrey A. Clair, Civil Division, United States Department of Justice, Washington, DC; Stephen John Pollak, Shea & Gardner, Washington, DC, for Appellees. ON BRIEF: Stephen M. Hodges, Penn, Stuart & Eskridge, Abingdon, Virginia; Gregory B. Robertson, Hunton & Williams, Richmond, Virginia; A.E. Dick Howard, Charlottesville, Virginia, for Appellants. David W. Ogden, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Douglas N. Letter, Civil Division, United States Department of Justice, Washington, DC, for Appellee United States. Wendy S. White, Howard R. Rubin, Shea & Gardner, Washington, DC; Samuel M. Brock, III, Mays & Valentine, L.L.P., Richmond, Virginia, for Appellees Holland, et al.
Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Reversed and remanded by published opinion. Judge WILKINS wrote the majority opinion, in which Judge TRAXLER joined. Judge NIEMEYER wrote a dissenting opinion.
OPINION
WILKINS, Circuit Judge:
The Pittston Company1 (Pittston) appeals an order of the district court that, in relevant part, dismissed under the doctrine of claim preclusion Pittston's claim that the Coal Industry Retiree Health Benefit Act of 1992 (the Coal...
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