A.J. TAFT COAL CO., INC. v. BARNHART

No. CV 03-P-1390-S.

291 F.Supp.2d 1290 (2003)

A.J. TAFT COAL COMPANY, INC., et al., Plaintiffs, v. Jo Anne B. BARNHART, Commissioner of Social Security; Michael H. Holland, et al., Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants.

United States District Court, N.D. Alabama, Southern Division.

November 14, 2003.


Attorney(s) appearing for the Case

James C Pennington, Brian R Bostick, Christopher A Mixon, Ogletree Deakins Nash Smoak & Stewart PC, Birmingham, AL, John R Woodrum, Margaret Lopez, Ogletree Deakins Nash Smoak & Stewart PC, Washington, DC, for plaintiffs.

Alice H Martin, U.S. Attorney, James G Gann, III, U.S. Attorney's Office, Birmingham, AL, Brian G Kennedy, Richard Lepley, U.S. Dept of Justice, Civil Division, Federal Programs Branch, Peter D Keisler, U.S. Department of Justice-Civil Division, for Anne B Barnhart, Defendant.

Stephen J Pollak, Howard R Rubin, John Townsend Rich, Jeffrey D Fox, Shea & Gardner, Washington, DC, Patrick K Nakamura, Nakamura Quinn & Walls LLP, Birmingham, AL, for Michael H Holland, as Trustees of the United Mine Workers of America Combined Benefit Fund, William P Hobgood, as Trustees of UMWA Combined Benefit Fund, Marty D Hudson, as Trustees of UMWA Combined Benefit Fund, Thomas O S Rand, as Trustees of UMWA Combined Benefit Fund, Elliot A Segal, as Trustees of UMWA Combined Benefit Fund, Carl E Van Horn, as Trustees of UMWA Combined Benefit Fund, Gail R Wilensky, as Trustee of UMWA Combined Benefit Fund, Defendants.


MEMORANDUM OPINION

PROCTOR, District Judge.

This case represents one chapter in a long-running dispute between coal operators, the Commissioner of the Social Security Administration ("Commissioner"), and the Trustees of the United Mine Workers of America Combined Benefit Fund (the "Trustees" and the "Combined Fund," respectively). The dispute centers on the meaning of "reimbursements" in the calculation of the premium formula under § 9704(b)...

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