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UMWA 1974 PENSION PLAN v. ENERGY WEST MINING

No. 20-7054.

39 F.4th 730 (2022)

UNITED MINE WORKERS OF AMERICA 1974 PENSION PLAN, et al., Appellees v. ENERGY WEST MINING COMPANY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2022.

Attorney(s) appearing for the Case

Yaakov M. Roth argued the cause for appellant. With him on the briefs were Sherif Girgis , Gregory J. Ossi , Mark H.M. Sosnowsky , and Christopher R. Williams .

Bryan Killian argued the cause for appellee. With him on the brief were John R. Mooney , Paul A. Green , Olga M. Thall , and Stanley F. Lechner . Charles P. Groppe entered an appearance.

Before: Rao and Walker, Circuit Judges, and Sentelle, Senior Circuit Judge.

The Multiemployer Pension Plan Amendments Act ("MPPAA") requires an employer to pay "withdrawal liability" if it decides to leave a multiemployer pension plan. Calculating the amount of money the employer owes the plan requires an actuary to project the plan's future payments to pensioners...

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