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APOGEE COAL CO. v. HOLLAND

No. 01-13691.

296 F.3d 1294 (2002)

APOGEE COAL COMPANY, A.T. Massey Coal Company, Inc., et al., Plaintiffs-Counter-Defendants-Appellants, Central Ohio Coal Company, Plaintiff-Appellant, v. Michael H. HOLLAND, trustee of the UMWA Combined Benefit Fund, Elliot A. Segal, trustee of the UMWA Combined Benefit Fund, et al., Defendants-Counter-Claimants-Appellees, Gale Norton, Secretary of the Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 2002.

Attorney(s) appearing for the Case

David M. Smith, Maynard, Cooper & Gale, P.A., Birmingham, AL, Margaret S. Lopez, John R. Woodrum, William I. Althen, Heenen, Althen & Roles, Washington, DC, for Appellants.

John Townsen Rich, Michele Lee Svonkin, Stephen J. Pollak, Howard R. Rubin, Shea & Gardner, Washington, DC, Patrick K. Nakumura, Nakamura, Quinn & Walls, Birmingham, AL, for Appellees.

Sharon Swingle, Mayer, Brown & Platt, Dept. of Justice, Washington, DC, for U.S, Amicus Curiae.

Before EDMONDSON, Chief Judge, and CARNES and SILER, Circuit Judges.

SILER, Circuit Judge:

Plaintiffs, coal operators (the "Operators"), appeal the district court's denial of their motion for summary judgment and its grant of summary judgment to Defendants, fund trustees ("Trustees"). The Operators claim that the Trustees improperly assessed premiums against the Operators in response to the Supreme Court's decision in Eastern Enterprises v. Apfel, 524 U.S. 498

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