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CONNORS v. FAWN MIN. CORP.

No. 93-3301.

30 F.3d 483 (1994)

Joseph P. CONNORS, Sr.; Donald E. Pierce; William Miller; Thomas H. Saggau; Paul R. Dean, as Trustee of the United Mine Workers of America 1950 Pension Trust 1950 Benefit Plan and Trust 1974 Pension Trust, and 1974 Benefit Plan and Trust v. FAWN MINING CORPORATION, a corporation, v. DISTRICT 5, UNITED MINE WORKERS OF AMERICA, AFL-CIO; International Union, United Mine Workers of America, AFL-CIO, Third Party Defendants. Fawn Mining Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 25, 1994.

Attorney(s) appearing for the Case

Michael J. Healey (argued), Healey, Davidson & Hornack, Pittsburgh, PA, for appellees Intern. Union, UMWA and Dist. 5, UMWA.

Ralph A. Finizio, Houston Harbaugh, Pittsburgh, PA, and David W. Allen, Gen. Counsel, Margaret M. Topps, Deputy Gen. Counsel, Larry D. Newsome (argued), Asst. Gen. Counsel, Kenneth M. Johnson, UMWA Health and Retirement Funds, Washington, DC, for appellees Joseph P. Connors, et al.

Allan L. Fluke (argued), Thomas E. Weiers, Jr., Rich, Fluke, Tishman & Rich, Pittsburgh, PA, for appellant Fawn Min. Corp.

Before: STAPLETON, COWEN and ALITO, Circuit Judges

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The trustees of the United Mine Workers of America 1950 Pension Benefit Plan and Trust ("the 1950 Plan"), and the United Mine Workers of America 1974 Pension Benefit Plan and Trust ("the 1974 Plan") (collectively, "the Plans"),1 claim that Fawn Mining Corporation ("Fawn Mining") failed to fulfill its obligations under the 1988 National Bituminous Coal Wage Agreement ("Wage Agreement...

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