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HOLLAND v. NATIONAL MINING ASS'N

Nos. 01-5069, 01-5070.

309 F.3d 808 (2002)

Michael H. HOLLAND, et al., Appellees, v. NATIONAL MINING ASSOCIATION, et al., Appellees. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 2002.

Attorney(s) appearing for the Case

Jeffrey Clair, Attorney, United States Department of Justice, argued the cause for federal appellant. With him on the briefs were Roscoe C. Howard, Jr., United States Attorney, and Douglas N. Letter, Litigation Counsel, United States Department of Justice.

John R. Woodrum argued the cause for appellants National Mining Association, et al. With him on the briefs was Margaret S. Lopez. William I. Althen entered an appearance.

Stephen J. Pollak argued the cause for appellees Holland, et al., and amicus curiae United Mine Workers of America. With him on the briefs were John Townsend Rich, Howard R. Rubin, and Paul A. Green. Grant F. Crandall entered an appearance.

Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The Coal Industry Retiree Health Benefit Act of 1992 ("Coal Act"), 26 U.S.C. §§ 9701-9722, requires certain coal operators to pay annual premiums for retired coal miners' health benefits to the United Mine Workers of America Combined Benefit Fund ("Fund"). 26 U.S.C. § 9704(a). Under the Coal Act, the Commissioner of the Social Security Administration...

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