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SIGMON COAL CO., INC. v. APFEL

No. Civ.A. 96-0148-B.

33 F.Supp.2d 505 (1998)

SIGMON COAL COMPANY, INC. and Jericol Mining, Inc., Plaintiffs, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

November 18, 1998.

Attorney(s) appearing for the Case

John R. Woodrum, W. Gregory Mott, Washington, DC, H. Ronnie Montgomery, Jonesville, VA, for plaintiff.

Stephen U. Baer, Asst.U.S.Atty., Roanoke, VA, Alonzo H. Long, Asst.U.S.Atty., Roanoke, VA, UMWA Amicus: Jonathan Sokolow/David W. Allen/Larry D. Newsome, UMWA, Washington, DC, John E. Kieffer, Bristol, VA, for defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

I. Introduction

Plaintiffs filed this action June 25, 1996, alleging that Defendant Kenneth S. Apfel, Commissioner of Social Security (hereinafter, "Commissioner"),1 in the course of assigning beneficiaries in the United Mine Workers of America Combined Benefit Fund (hereinafter, "Benefit Fund") to responsible operators under the Coal Industry Retiree Health...

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