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BLUE DIAMOND COAL CO. v. TRUSTEES OF UMWA

Nos. 99-6110, 99-6111.

249 F.3d 519 (2001)

BLUE DIAMOND COAL CO., Plaintiff-Appellee, v. TRUSTEES OF THE UMWA COMBINED BENEFIT FUND, Defendant-Appellant (99-6110), Secretary of Health and Human Services, Defendant-Appellant. (99-6111).

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 3, 2001.

Attorney(s) appearing for the Case

ARGUED: Peter Buscemi, MORGAN, LEWIS & BOCKIUS, Washington, D.C., Jeffrey Clair, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, APPELLATE STAFF, Washington, D.C., for Appellants.

John R. Leathers, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION, Pittsburgh, Pennsylvania, for Appellee.

ON BRIEF: Peter Buscemi, MORGAN, LEWIS & BOCKIUS, Washington, D.C., Jeffrey Clair, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, APPELLATE STAFF, Washington, D.C., for Appellants.

John R. Leathers, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION, Pittsburgh, Pennsylvania, Dan D. Rhea, ARNETT, DRAPER & HAGOOD, Knoxville, Tennessee, for Appellee.

Before BOGGS and SUHRHEINRICH, Circuit Judges; ALDRICH, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

ALDRICH, District Judge.

Defendant-Appellants, the Secretary of Health and Human Services and the Trustees of the United Mine Workers of America Combined Benefit Fund appeal a district court's order vacating a prior judgment under Fed.R.Civ.P. 60(b)(6). For the following reasons, we REVERSE the order of the district court and REMAND the case with instructions for the re-entry of final judgment in favor of...

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