HOLLAND v. DELRAY CONNECTING R. CO.

No. 2:03 CV 163 JM.

311 F.Supp.2d 744 (2004)

Michael H. HOLLAND, Marty D. Hudson, Elliott A. Segal, and A. Frank Dunham, as Trustees of the United Mine Workers of America 1992 Benefit Plan, and the United Mine Workers of America 1992 Benefit Plan, and Michael H. Holland, Thomas O.S. Rand, William P. Hobgood, Marty D. Hudson, Elliott A. Segal, Gail R. Wilensky, and Carl E. Van Horn, as Trustees of the United Mine Workers of America Combined Benefit Fund, and the United Mine Workers of America Combined Benefit Fund, Plaintiffs v. DELRAY CONNECTING RAILROAD COMPANY, Defendant

United States District Court, N.D. Indiana, Hammond Division.

March 22, 2004.


Attorney(s) appearing for the Case

David W. Allen, UMWA Health & Retirement Funds, John R. Mooney, Mooney Green Baker & Saindon PC, Jonathan Sokolow, UMWA Health & Retirement Funds, Marilyn Baker, Mooney Green Baker & Saindon PC, Washington, DC, Thomas J. Angell, Jacobs Burns Orlove Stanton & Hernandez, Chicago, IL, for Michael H. Holland, as Trustee of the United Mine Workers of America 1992 Benefit Plan and Trustee of the United Mine Workers of America Combined Benefit Fund, Marty D. Hudson, as Trustee of the United Mine Workers of America 1992 Benefit Plan and Trustee of the United Mine Workers of America Combined Benefit Fund, Elliott A. Segal, as Trustee of the United Mine Workers of America 1992 Benefit Plan and Trustee of the United Mine Workers of America Combined Benefit Fund, A Frank Dunham, as Trustee of the United Mine Workers of America 1992 Benefit Plan, United Mine Workers of America 1992 Benefit Plan, Thomas O. S. Rand, as Trustee of the United Mine Workers of America Combined Benefit Fund, William P. Hobgood, as Trustee of the United Mine Workers of America combined Benefit Fund, Gail R. Wilensky, as Trustee of the United Mine Workers of America combined Benefit Fund, Carl E. Van Horn, as Trustee of the United Mine Workers of America combined Benefit Fund, United Mine Workers of America combined Benefit Fund, Plaintiffs.

Elizabeth M. Bezak, Singleton Crist Austgen and Sears, Munster, IN, John A. Vuono, Vuono & Gray LLC, Pittsburgh, PA, John R. Woodrum, Ogletree Deakins Nash Smoak & Stewart PC — Was/DC, Washington, DC, Richard R. Wilson, Vuono & Gray LLC, Susan C. Indrisano, Vuono & Gray LLC, Pittsburgh, PA, Terence M. Austgen, Singleton Crist Austgen and Sears, Munster, IN, for Delray Connecting Railroad Company, Defendant.


MEMORANDUM and ORDER

MOODY, Senior District Judge.

The Coal Industry Retiree Health Benefits Act, 26 U.S.C. § 9701 et seq. ("the Coal Act"), requires persons (including corporations) who are "related person[s]" to persons who signed a coal wage agreement to fund health benefits for retired employees of the coal industry. 26 U.S.C. § 9701(b)(1), (c)(2); 26 U.S.C. § 9704. As is relevant...

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