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IN RE HARMAR COAL CO.

378 Pa.Super. 327 (1988)

548 A.2d 1224

In re HARMAR COAL COMPANY. Appeal of Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William Miller, William B. Jordan and Paul R. Dean, as Trustees of the United Mine Workers of America 1950 Pension Plan, 1950 Benefit Plan, 1974 Pension Plan, and 1974 Benefit Plan, Collectively Known as the UMWA Health and Retirement Funds.

Supreme Court of Pennsylvania.

Filed September 2, 1988.

Reargument Denied October 31, 1988.

Attorney(s) appearing for the Case

Michael D. Bedrin, Pittsburgh, for amicus curiae, Com. of Pa., Dept. of Environmental Resources.

Thomas M. Zwilling and Edwin J. Strassburger, Pittsburgh, for H. Yale Gutnick, Receiver and Harmar Coal Co.

Jeffrey T. Morris, Pittsburgh, for appellants.

Before CIRILLO, President Judge, and BECK and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Allegheny County denying a petition to compel partial distribution of assets by the appellants, Trustees of the United Mine Workers Association Health and Retirement Funds.1 We affirm in a case of first impression.

The facts are not in dispute and reveal that a complaint in equity was filed by...

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