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A.T. MASSEY COAL CO. v. HOLLAND

Nos. 05-1996, 05-2215.

472 F.3d 148 (2006)

A.T. MASSEY COAL COMPANY, Incorporated; Aloe Energy Corporation; American Electric Power Company, Incorporated; Andalex Resources, Incorporated; Apogee Coal Company; Bellaire Corporation; Bologna Coal Company; Bunch construction Company, Incorporated; Canterbury Coal Company; Carbon Industries, Incorporated; Cedar Coal Company; Central Ohio Coal Company; Charles J. Merlo, Incorporated; Cleveland-Cliffs, Incorporated; Cliffs Mining Company; Commercial Land Company, Incorporated; Consolidation Coal Company; Cumberland River Coal Company; Duke Energy Corporation; Eastern Associated Coal Corporation, LLC; Freeman United Coal Mining Company; G M & W Coal Company; Gateway Coal Company; Gilbert Imported Hardwoods, Incorporated; Helvetia Coal Company; Hobet Mining, Incorporated; Island Creek Coal Company; Jericol Mining, Incorporated; Kanawha Coal Company; Kentucky Carbon Corporation; Keystone Coal Mining Corporation; Laurel Run Mining Company; Lynn Land Company; Maple Meadow Mining Company; Marmon Coal Company; Massey Coal Services, Incorporated; Meadwestvaco Corporation; Mueller Industries, Incorporated; Nacco Industries, Incorporated; National Bulk Carriers, Incorporated; Nell-Jean Industries, Incorporated; New Warwick Mining Company; North Cambria Fuel Company, Incorporated; Omar Mining Company; Palmer Coking Company; Peabody Coal Company, LLC; Peerless Eagle Coal Company; Penn Pocahontas Coal Company; Pennzoil-Quaker State Company; Perry & Hylton, Incorporated; Quarto Mining Company; R & B Falcon Drilling (International & Deepwater), Incorporated, LLC; Foundation American Coal Company, LLC; Rawl Sales And Processing Company; Red Ash Sales Company, Incorporated; Rochester & Pittsburgh Coal Company; Ruhrkohle Trading Corporation; Saginaw Mining Company; Shawmut Development Corporation; Shenango Incorporated; Southern Ohio Coal Company; Stelco Coal Company; Stelco USA, Incorporated; Tennessee Consolidated Coal Company; Tesone Land Company; The Valley Camp Coal Company; Turner Elkhorn Mining Company; US Natural Resources, Incorporated; United States Fuel Company; United States Steel Corporation; Westmoreland Coal Company; Westmoreland Coal Sales Company; Wheeling-Pittsburgh Steel Corporation; Windsor Coal Company; ak Steel Corporation; Ikon Office Solutions, Incorporated, Formerly Known As Alco Standard Corporation; Adam Eidemiller, Incorporated; Alex E. Paris Contracting Company; Appalachian Construction, Incorporated; Beilchick Brothers; Bentley Development Company, Incorporated; Bluestone Coal Corporation; Bollmeier Construction Company; C & A Coal Company, Incorporated; Coal State Construction Company; Codell Construction Company; Dave Hinkle Electric, Incorporated; Elgin National Industries, Incorporated; Ferrell Mine Service, Incorporated; Frank M. Sheesley Company; Gal Construction, Incorporated; Inspiration Coal Incorporated; Mittal Steel USA, Incorporated; Standard Oil Company, Incorporated; L & D, Incorporated; Landzendorfer Trucking, Incorporated; Long Branch Development; Long Branch Energy; Menallen Coke Company of New Salem; Metso Minerals Industries, Incorporated, Formerly Known As Svedala Industries, Incorporated; Ohio Amco, Incorporated; Pardee Coal Company, Incorporated; Ridge Land Company, Incorporated; Rush Run Coal Company, Incorporated, Now Known As Banner Coal & Land Company; Steel Erectors, Incorporated; Terra Industries, Incorporated; Vecellio & Grogan, Incorporated; Welding Incorporated; West Virginia Electric Corporation; F M C Corporation; Pennsylvania Mines, LLC; Chisholm Coal Company, Plaintiffs-Appellees, and A.J. Taft Coal Company, Incorporated; Alabama Electric Cooperative; Bortz Corporation; Buffalo Mining Company; Cowin & Company, Incorporated; Drummond Coal Sales, Incorporated; Eastern Coal Corporation; Elkay Mining Company; Jewell Ridge Coal Corporation; Kentland-Elkhorn Coal Corporation; Meadow River Coal Company; North Cambria, Incorporated; On Marine Services; Pittston Coal Group, Incorporated; Ranger Fuel Corporation; Reitz Coal Company; SEA "B" Mining Company; North American Coal, Incorporated; United States Steel Mining Corporation, LLC; W-P Coal Company; Central Cambria Drilling Company; Kerr-Mcgee Chemical Worldwide LLC; Latrobe Construction Company; Clinchfield Coal Company, Plaintiffs, v. Michael H. HOLLAND; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Van Horn; Gail R. Wilensky, As Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants-Appellants, and Jo Anne B. Barnhart, Commissioner of Social Security, Defendant. A.T. Massey Coal Company, Incorporated; Aloe Energy Corporation; American Electric Power Company, Incorporated; Andalex Resources, Incorporated; Apogee Coal Company; Bellaire Corporation; Bologna Coal Company; Bunch Construction Company, Incorporated; Canterbury Coal Company; Carbon Industries, Incorporated; Cedar Coal Company; Central Ohio Coal Company; Charles J. Merlo, Incorporated; Cleveland-Cliffs, Incorporated; Cliffs Mining Company; Commercial Land Company, Incorporated; Consolidation Coal Company; Cumberland River Coal Company; Duke Energy Corporation; Eastern Associated Coal Corporation, LLC; Freeman United Coal Mining Company; G M & W Coal Company; Gateway Coal Company; Gilbert Imported Hardwoods, Incorporated; Helvetia Coal Company; Hobet Mining, Incorporated; Island Creek Coal Company; Jericol Mining, Incorporated; Kanawha Coal Company; Kentucky Carbon Corporation; Keystone Coal Mining Corporation; Laurel Run Mining Company; Lynn Land Company; Maple Meadow Mining Company; Marmon Coal Company; Massey Coal Services, Incorporated; Meadwestvaco Corporation; Mueller Industries, Incorporated; Nacco Industries, Incorporated; National Bulk Carriers, Incorporated; Nell-Jean Industries, Incorporated; New Warwick Mining Company; North Cambria Fuel Company, Incorporated; Omar Mining Company; Palmer Coking Company; Peabody Coal Company, LLC; Peerless Eagle Coal Company; Penn Pocahontas Coal Company; Pennzoil-Quaker State Company; Perry & Hylton, Incorporated; Quarto Mining Company; R & B Falcon Drilling (International & Deepwater), Incorporated, LLC; Foundation American Coal Company, LLC; Rawl Sales And Processing Company; Red Ash Sales Company, Incorporated; Rochester & Pittsburgh Coal Company; Ruhrkohle Trading Corporation; Saginaw Mining Company; Shawmut Development Corporation; Shenango Incorporated; Southern Ohio Coal Company; Stelco Coal Company; Stelco USA, Incorporated; Tennessee Consolidated Coal Company; Tesone Land Company; The Valley Camp Coal Company; Turner Elkhorn Mining Company; US Natural Resources, Incorporated; United States Fuel Company; United States Steel Corporation; Westmoreland Coal Company; Westmoreland Coal Sales Company; Wheeling-Pittsburgh Steel Corporation; Windsor Coal Company; Ak Steel Corporation; Ikon Office Solutions, Incorporated, Formerly Known As Alco Standard Corporation; Adam Eidemiller, Incorporated; Alex E. Paris Contracting Company; Appalachian Construction, Incorporated; Beilchick Brothers; Bentley Development Company, Incorporated; Bluestone Coal Corporation; Bollmeier Construction Company; C & A Coal Company, Incorporated; Coal State Construction Company; Codell Construction Company; Dave Hinkle Electric, Incorporated; Elgin National Industries, Incorporated; Ferrell Mine Service, Incorporated; Frank M. Sheesley Company; Gal Construction, Incorporated; Inspiration Coal Incorporated; Mittal Steel USA, Incorporated; Standard Oil Company, Incorporated; L & D, Incorporated; Landzendorfer Trucking, Incorporated; Long Branch Development; Long Branch Energy; Menallen Coke Company of New Salem; Metso Minerals Industries, Incorporated, Formerly Known As Svedala Industries, Incorporated; Ohio Amco, Incorporated; Pardee Coal Company, Incorporated; Ridge Land Company, Incorporated; Rush Run Coal Company, Incorporated, Now Known As Banner Coal & Land Company; Steel Erectors, Incorporated; Terra Industries, Incorporated; Vecellio & Grogan, Incorporated; Welding Incorporated; West Virginia Electric Corporation; F M C Corporation; Pennsylvania Mines, LLC; Chisholm Coal Company, Plaintiffs-Appellees, and A.J. Taft Coal Company, Incorporated; Alabama Electric Cooperative; Bortz Corporation; Buffalo Mining Company; Cowin & Company, Incorporated; Drummond Coal Sales, Incorporated; Eastern Coal Corporation; Elkay Mining Company; Jewell Ridge Coal Corporation; Kentland-Elkhorn Coal Corporation; Meadow River Coal Company; North Cambria, Incorporated; On Marine Services; Pittston Coal Group, Incorporated; Ranger Fuel Corporation; Reitz Coal Company; SEA "B" Mining Company; North American Coal, Incorporated; United States Steel Mining Corporation, LLC; W-P Coal Company; Central Cambria Drilling Company; Kerr-Mcgee Chemical Worldwide LLC; Latrobe Construction Company; Clinchfield Coal Company, Plaintiffs, v. Jo Anne B. Barnhart, Commissioner of Social Security, Defendant-Appellant, and Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Van Horn; Gail R. Wilensky, As Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Clair, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C.; Stephen John Pollak, Goodwin & Proctor, L.L.P., Washington, D.C., for Appellants. John Ray Woodrum, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C., for Appellees. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Rod J. Rosenstein, United States Attorney, William Kanter, United States Department of Justice, Washington, D.C., for Federal Appellant. William J. Murphy, Murphy & Shaffer, L.L.C., Baltimore, Maryland; Howard R. Rubin, William E. Copley, III, Sonnenschein, Nath & Rosenthal, L.L.P., Washington, D.C.; John Townsend Rich, Goodwin & Proctor, L.L.P., Washington, D.C., for Appellant Trustees of the UMWA Combined Benefit Fund. Margaret S. Lopez, W. Gregory Mott, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C.; Mary Lou Smith, Robert J. Weil, Howe, Anderson & Steyer, P.C., Washington, D.C.; Douglas K. Spaulding, Reed Smith, L.L.P., Washington, D.C.; Elliott Schulder, Covington & Burling, Washington, D.C.; R. Michael Smith, Dechert, L.L.P., Washington, D.C., for Appellees.

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD joined. Judge TRAXLER wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

By enactment of the Coal Industry Retiree Health Benefit Act of 1992 ("the Coal Act"), Congress established a new multiemployer benefit plan, the United Mine Workers of America Combined Benefit Fund ("Combined Fund"), to provide health care benefits to retired coal mine workers. The...

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