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COLTEC INDUSTRIES, INC. v. HOBGOOD

No. 00-2458.

280 F.3d 262 (2002)

COLTEC INDUSTRIES, INC., a Pennsylvania Corporation; Four Leaf Coal Company, Inc., a Tennessee Corporation; L.G. Wasson Coal Mining Corp., an Indiana Corporation, Appellants, v. William P. HOBGOOD; Michael H. Holland; Marty Hudson; Thomas O.S. Rand; Elliot A. Segal; Carlton R. Sickles; Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Fund; United Mine Workers of America Combined Benefit Trust; United States of America, Intervenor in D.C. Coltec Industries, Inc., a Pennsylvania Corporation; Four Leaf Coal Company, Inc., a Tennessee Corporation; L.G. Wasson Coal Mining Corp., an Indiana Corporation, v. William P. Hobgood; Michael H. Holland; Marty Hudson; Thomas O.S. Rand; Elliot A. Segal; Carlton R. Sickles; Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Find; United Mine Workers of America Combined Benefit Fund; United States of America, Intervenor in D.C., Coltec Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

February 1, 2002.

Attorney(s) appearing for the Case

George E. McGrann, (Argued) Schnader, Harrison, Segal & Lewis, William H. Powderly, III, Metz, Schermer & Lewis, Pittsburgh, PA, for Appellant Coltec Industries, Inc.

Peter Buscemi, (Argued) Morgan, Lewis & Bockius, Washington, D.C., for Appellees, William P. Hobgood, Michael H. Holland, Marty D. Hudson, Thomas O.S. Rand, Elliot A. Segal, Carlton R. Sickles, and Gail R. Wilensky, as Trustees of the United Mine Workers of America, United Mine Workers of America Combined Benefit Fund.

Mark B. Stern, Jonathan H. Levy, (Argued) United States Department of Justice Civil Division, Appellate Staff Washington, D.C., for Appellee United States.

Before SLOVITER, NYGAARD and McKEE, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this appeal, Coltec Industries, Inc. ("Coltec") seeks to extricate itself from its voluntary dismissal with prejudice of its claim against the United Mine Workers of America Combined Benefit Fund and its trustees (collectively "the Fund") that asserted that the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act), 26 U.S.C. §§ 9701-9722 (2001), was unconstitutional. Subsequent to that dismissal...

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