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DIST. 29, UNITED MINE WKRS. v. NEW RIVER CO.

No. 87-1586.

842 F.2d 734 (1988)

DISTRICT 29, UNITED MINE WORKERS OF AMERICA; Jennings Fry: Denny R. Lafferty, Plaintiffs-Appellees, v. The NEW RIVER COMPANY, a West Virginia Corporation, Defendant-Appellant, The United Mine Workers of America 1974 Benefit Plan and Trust; The United Mine Workers of America 1950 Benefit Plan and Trust, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 1988.

Attorney(s) appearing for the Case

Richard J. Bolen (Scott K. Sheets, Hudddleston, Bolen, Beatty, Porter & Copen, Huntington, W.Va., on brief), for defendant-appellant.

George Nicholas Davies, District 29, United Mine Workers of America (Gerald E. Cole, Jr., General Counsel, Israel Goldowitz, Deputy General Counsel, Andree M. St. Martin, Asst. General Counsel, UMWA Health & Retirement Funds, Washington, D.C., on brief), for intervenors.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, ERVIN and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

The district court issued a preliminary injunction ordering appellant New River Company to provide health benefits for its former employees, appellees Fry and Lafferty. Following their termination, Fry and Lafferty filed a grievance for wrongful discharge against New River. In a negotiated settlement of their grievance, however, Fry and Lafferty received lump sum payments from New River in return...

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