MARY HELEN COAL CORP. v. HUDSON

No. 99-2181.

235 F.3d 207 (2000)

MARY HELEN COAL CORPORATION, a Virginia Corporation, Plaintiff-Appellant, v. Marty D. HUDSON; Michael H. Holland, Trustees of the United Mine Workers of America Combined Benefit Fund and Trustees of the 1992 United Mine Workers of America Benefit Fund; Thomas O.S. Rand, Trustees of the United Mine Workers of America Combined Benefit Fund; Elliott A. Segal, Trustees of the United Mine Workers of America Combined Benefit Fund; Carlton R. Sickles, Trustees of the United Mine Workers of America Combined Benefit Fund; Gail R. Wilensky, Trustees of the United Mine Workers of America Combined Benefit Fund; Thomas F. Connors, Trustees of the 1992 United Mine Workers of America Benefit Plan; Robert Wallace, Trustees of the 1992 United Mine Workers of America Benefit Plan; William P. Hobgood, Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants-Appellees. Pardee & Curtin Lumber Company; The Stearns Company Ltd., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 2000.


Attorney(s) appearing for the Case

ARGUED: Patrick Michael McSweeney, McSweeney, Burtch & Crump, P.C., Richmond, VA, On Brief: John L. Marshall, Jr., MCSWEENEY, BURTCH & CRUMP, P.C., Richmond, Virginia, for Appellant. Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, DC, for Appellees. ON BRIEF: John L. Marshall, Jr., McSweeney, Burtch & Crump, P.C., Richmond, VA, for Appellant. David W. Allen, Office of the General, UMWA Health and Retirement Funds, John R. Mooney, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, DC; Samuel M. Brock, III, Mays & Valentine, L.L.P., Richmond, VA, for Appellees. John T. Montgomery, Robert Daniel O'Connor, Scott D. Pomfrett, Ropes & Gray, Boston, MA, for Amici Curiae.

Before WILKINSON, Chief Judge, and NIEMEYER and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined. Judge NIEMEYER wrote a concurring opinion.

OPINION

WILKINSON, Chief Judge:

This case arises in the wake of the Supreme Court's decision in Eastern Enterprises v. Apfel, 524 U.S. 498, 118 S.Ct. 2131, 141 L.Ed.2d 451 (1998). In Eastern, the Court held that Coal Act premiums...

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