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SIGMON COAL CO., INC. v. APFEL

No. 99-1219.

226 F.3d 291 (2000)

SIGMON COAL COMPANY, INCORPORATED; Jericol Mining, Incorporated, Plaintiffs-Appellees, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellant. Trustees of the United Mine Workers of America Combined Benefit Fund, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: August 29, 2000

Attorney(s) appearing for the Case

ARGUED: Kathleen Moriarty Mueller, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, D.C., for Amicus Curiae. John Ray Woodrum, Heenan, Althen & Roles, Washington, D.C., for Appellees. ON BRIEF: David W. Ogden, Acting Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Margaret S. Izzo, Morgan, Lewis & Bockius, L.L.P., Washington, D.C.; John R. Mooney, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, D.C.; David W. Allen, Jonathan Sokolow, UMWA Health & Retirement Funds, Washington, D.C., for Amicus Curiae. W. Gregory Mott, Heenan, Althen & Roles, Washington, D.C.; H. Ronnie Montgomery, Montgomery Law Office, Jonesville, Virginia, for Appellees.

Before MURNAGHAN, WILKINS, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge WILKINS joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge:

Under the Coal Industry Retiree Health Benefit Act of 1992 (the Coal Act), see 26 U.S.C.A. §§ 9701-9722 (West Supp.1998), the Commissioner of the Social Security Administration ("Commissioner") assigns fiscal responsibility for a retired coal miner's health...

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