A.T. MASSEY COAL COMPANY, INC.; Massey Coal Services, Incorporated; Peerless Eagle Coal Company; Tennessee Consolidated Coal Company; Rawl Sales and Processing Company; Omar Mining Company; PM Charles Coal Company; Rocky Hollow Coal Co; Sprouse Creek Processing Company; Big Bear Mining Company; Dehue Coal Company; Douglas Pocahontas Coal Corporation; Hopkins Creek Coal; Joboner Coal Company; Majestic Mining, Incorporated; Performance Coal Company; Vantage Mining Company; Russell Fork Coal Company; Vesta Mining Company, Plaintiffs and Counterclaim Defendant-Appellants, and
Belfry Coal Corporation, Plaintiff,
v.
Larry G. MASSANARI, Acting Commissioner of Social Security Administration; Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliott A. Segal; Carl E. Van Horn; Gail R. Wilensky, Trustees of the United Mine Workers of America Combined Benefit Fund; United Mine Workers of America Combined Benefit Fund, Defendants-Appellees, and
Trace Fork Coal Company; Goals Coal Company; Green Valley Coal Company; Lick Branch Coal Company; Eagle Energy, Incorporated; Power Mountain Coal Company; Williams Mountain Coal Company, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued April 3, 2002.
Decided September 18, 2002.
Attorney(s) appearing for the Case
ARGUED: John Ray Woodrum, Heenan, Althen & Roles, L.L.P., Washington, D.C., for Plaintiffs and Counterclaim Defendants-Appellants. Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, D.C.; Sharon Swingle, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees. ON BRIEF: Margaret S. Lopez, Heenan, Althen & Roles, L.L.P., Washington, D.C.; John M. Poma, A.T. Massey Coal Company, Inc., Richmond, Virginia, for Plaintiffs and Counterclaim Defendants-Appellants. Stanley F. Lechner, Charles P. Groppe, Morgan, Lewis & Bockius, L.L.P., Washington, D.C.; Samuel M. Brock, III, Troutman, Sanders, Mays & Valentine, Richmond, Virginia; John R. Mooney, Marilyn A. Baker, Mooney, Green, Baker & Saindon, P.C., Washington, D.C.; David W. Allen, Office of the General, UMWA Health and Retirement Funds, Washington, D.C., for Defendants-Appellees Trustees. Robert D. McCallum, Jr., Assistant Attorney General, Paul J. McNulty, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Federal Defendants-Appellees.
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge KING wrote the opinion, in which Judge GREGORY joined. Judge NIEMEYER wrote an opinion concurring in part in the judgment and dissenting in part.
OPINION
KING, Circuit Judge:
A.T. Massey Coal Company, Massey Coal Services, Peerless Eagle Coal Company, and Tennessee Consolidated Coal Company (the "Massey Plaintiffs") appeal the decision of the district court that rendered them liable for the benefits of certain...
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