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COMBS v. SUN-UP COAL CO., INC.

Civ. A. No. 84-2931.

634 F.Supp. 13 (1985)

Harrison COMBS, et al., Plaintiffs, v. SUN-UP COAL COMPANY, INC., et al., Defendants.

United States District Court, District of Columbia.

June 25, 1985.

Attorney(s) appearing for the Case

Rodney F. Page, E. Calvin Golumbic, Howard P. Possick, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for plaintiffs; William F. Hanrahan, General Counsel, Gerald E. Cole, Jr., Deputy General Counsel, Israel Goldowitz, Asst. General Counsel, United Mine Workers of America Health and Retirement Funds, Washington, D.C., of counsel.

Jeffrey A. Norris, McGuiness & Williams, Washington, D.C., for defendants Murry Webb, Clement Webb, Jr., and Harry J. Aldridge, C.V. Stelzenmuller, Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., of counsel, Albert E. Ritchey, Ritchey & Ritchey, Shel-Al Building, Birmingham, Ala., of counsel.

MEMORANDUM ORDER

HAROLD H. GREENE, District Judge.

Plaintiffs, the trustees of the United Mine Workers of America 1950 and 1974 Pension Plans, brought this action pursuant to the Employee Retirement Income Security Act (ERISA), as amended by the Multi-employer Pension Plan Act Amendments (MPPAA), 29 U.S.C. §§ 1001 et seq., to collect withdrawal liability. Defendant Sun-Up Coal Company, an Alabama corporation which was engaged in the coal...

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