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OHIO VALLEY COAL CO. v. HUDSON

No. C2-94-50.

913 F.Supp. 1056 (1996)

The OHIO VALLEY COAL COMPANY Plaintiff, v. Marty D. HUDSON, et al., Defendants.

United States District Court, S.D. Ohio, Eastern Division.

January 23, 1996.

Attorney(s) appearing for the Case

Thomas A. Smock, David J. Laurent, Michael D. Glass, Polito & Smock, P.C., Pittsburgh, PA, Jonathan R. Vaughn, Vorys, Sater, Seymour and Pease, Columbus, Ohio, for Plaintiff.

Stephen J. Pollak, Wendy S. White, Marty F. Hansen, Shea & Gardner, Washington, DC, Andrew J. Ruzicho, Columbus, Ohio, David W. Allen, Margaret M. Topps, Larry D. Newsome, Washington, DC, for Defendants.

OPINION AND ORDER

GRAHAM, District Judge.

This action was filed on January 18, 1994 by plaintiff Ohio Valley Coal Company against the trustees of the United Mine Workers of America ("UMWA") 1974 Pension Trust and the UMWA Combined Benefit Fund. Plaintiff is a signatory to the 1988 National Bituminous Coal Wage Agreement ("the Agreement") with the UMWA. Article XX, § (d)(1)(v) of the Agreement contains a provision known as the "purchase-of-coal...

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