1. Home
  2. Browse Decisions
  3. U.S.
  4. 524 U.S.
  5. 524 U.S. 498 (1998)
 

EASTERN ENTERPRISES v. APFEL

No. 97-42.

524 U.S. 498 (1998)

118 S.Ct. 2131

141 L.Ed.2d 451

EASTERN ENTERPRISES v. APFEL, COMMISSIONER OF SOCIAL SECURITY, et al.

Supreme Court of United States.

Decided June 25, 1998.

Attorney(s) appearing for the Case

John T. Montgomery argued the cause for petitioner. With him on the briefs were John H. Mason and L. William Law.

Deputy Solicitor General Kneedler argued the cause for the federal respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Paul R. Q. Wolfson, Douglas N. Letter, and Sushma Soni.

Peter Buscemi argued the cause for respondents UMWA Combined Benefit Fund et al. With him on the brief were Stanley F. Lechner, David Lubitz, John R. Mooney, Paul A. Green, and David W. Allen. Kenneth A. Sweder filed a brief for respondents Peabody Holding Co., Inc., et al.*

O'Connor, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined. Thomas, J., filed a concurring opinion, p. 538. Kennedy, J., filed an opinion concurring in the judgment and dissenting in part, p. 539. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 550. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, p. 553.

Justice O'Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Scalia, and Justice Thomas join.

In this case, the Court considers a challenge under the Due Process and Takings Clauses of the Constitution to the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act or Act), 26 U. S. C. §§ 9701-9722 (1994 ed. and Supp. II), which establishes a mechanism for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases