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BERWIND CORP. v. COMM. OF SOCIAL SECURITY

No. 00-3729, 00-3798, 00-3830.

307 F.3d 222 (2002)

BERWIND CORPORATION v. COMMISSIONER OF SOCIAL SECURITY; United Mine Workers of America Combined Benefit Fund; Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Vanhorn; Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Benefit Fund; the United Mine Workers of America 1992 Benefit Plan; A. Frank Dunham, as Trustee of the United Mine Workers of America 1992 Benefit Plan; United States of America United Mine Workers of America Combined Benefit Fund, Michael H. Holland, William P. Hobgood, Marty D. Hudson, Thomas O.S. Rand, Elliot A. Segal, Carl E. VanHorn, Gail R. Wilensky, the United Mine Workers of America 1992 Benefit Plan, A. Frank Dunham, United States of America, Appellants Berwind Corporation, Appellant v. Commissioner of Social Security; United Mine Workers of America Combined Benefit Fund; Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Vanhorn; Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Benefit Fund; the United Mine Workers of America 1992 Benefit Plan; A. Frank Dunham, as Trustee of the United Mine Workers of America 1992 Benefit Plan; United States of America Berwind Corporation v. Commissioner of Social Security; United Mine Workers of America Combined Benefit Fund; Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Vanhorn; Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Benefit Fund; the United Mine Workers of America 1992 Benefit Plan; A. Frank Dunham, as Trustee of the United Mine Workers of America 1992 Benefit Plan; United States of America Commissioner of Social Security, Appellant

United States Court of Appeals, Third Circuit.

October 2, 2002.

Attorney(s) appearing for the Case

Peter Buscemi, (Argued), John Mills Barr, Robert C. Farley, Morgan, Lewis & Bockius LLP, Washington, John R. Mooney, Mooney, Green, Gleason, Baker, Gibson & Saindon, P.C., Washington, David W. Allen, Office of General Counsel, UMWA Health and Retirement Funds, for Appellants/Cross-Appellees UMWA Combined Benefit Fund, UMWA 1992 Benefit Plan, and their respective trustees.

Stuart E. Schiffer, Acting Assistant Attorney General, Michael R. Stiles, United States Attorney, Mark B. Stern, Jonathan H. Levy, (Argued), Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, for Appellant/Cross-Appellee, Commissioner of Social Security.

Arthur Newbold, (Argued), Ethan D. Fogel, Andrew S. Miller, Dechert Price & Roads, Philadelphia, for Appellee/Cross-Appellant, Berwind Corporation.

Before SLOVITER, NYGAARD and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

The basic question we must answer in these consolidated appeals is whether assignments the Commissioner of Social Security made pursuant to the Coal Industry Retiree Health Benefit Act of 1992 (the "Coal Act"), 26 U.S.C. SS 9701-9722 are unconstitutional pursuant to Eastern Enterprises v. Apfel, 524 U.S. 498, 118 S.Ct. 2131, 141 L.Ed.2d 451 (1998). The Commissioner assigned...

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