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HOLLAND v. HIGH POWER ENERGY

No. Civ.A. 2:97-1092.

98 F.Supp.2d 741 (2000)

Michael H. HOLLAND, Marty D. Hudson, A. Frank Dunham and Elliot A. Segal, as Trustees of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs, v. HIGH POWER ENERGY, Pratt Mining Co., and Geupel Construction Co., Inc., Defendants.

United States District Court, S.D. West Virginia at Charleston.

April 14, 2000.

Attorney(s) appearing for the Case

Larry D. Newsome, Barbara E. Locklin, David W. Allen, Jennifer Ruiz, UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, Gary A. Collias, McIntyre & Collias, Charleston, WV, for plaintiffs.

Charles L. Woody, Paula Durst Gillis, Kevin L. Carr, Spilman, Thomas & Battle, Charleston, WV, for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on plaintiffs' motion for summary judgment. Plaintiffs, the Trustees of the United Mine Workers of America 1992 Benefit Plan (the "1992 Plan"), seek injunctive relief prohibiting defendants from failing to provide health care benefits to eligible retirees (and their dependents) of defendant, High Power Energy ("High Power"). Plaintiffs also seek to recover from defendants...

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