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USX CORP. v. BARNHART

No. 04-1247.

395 F.3d 161 (2004)

USX CORPORATION and U.S. Steel Mining Company, Inc., Appellants v. Jo Anne B. BARNHART, Commissioner of Social Security.

United States Court of Appeals, Third Circuit.

Filed December 23, 2004.

Attorney(s) appearing for the Case

J. Michael Jarboe, James T. Carney, United States Steel Corporation, Law Department, Pittsburgh, David J. Laurent (Argued), Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, for Appellants.

Jeffrey Clair (Argued), Attorney, Civil Division, Washington, for Appellee.

Before SCIRICA, Chief Judge, and McKEE and CHERTOFF, Circuit Judges.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Appellants USX Corporation (USX) and U.S. Steel Mining Company, Inc. (USSM),1 plaintiffs below, challenge several decisions by the District Court granting summary judgment for the Commissioner on the majority of appellants' claims. We will affirm.

I

In 1970, USX purchased the assets of the Grapevine No. 8 Mine, the last significant coal mine owned by Crystal Block...

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