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HOLLAND v. BIG RIVER MINERALS CORP.

No. 98-2353.

181 F.3d 597 (1999)

Michael H. HOLLAND; Marty D. Hudson; Elliot A. Segal; A. Frank Dunham, as Trustees of the United Mine Workers Of America 1992 Benefit Plan, Plaintiffs-Appellees, v. BIG RIVER MINERALS CORPORATION; Big River Coal Corporation; Pea Ridge Iron Ore Company, Incorporated; Oxide Services Corporation; Castle Rock Mining Company; Castle Rock Coal Corporation; Long Branch Energy Corporation; Pinnacle Rock Coal Corporation; Panther Branch Coal Company, d/b/a Long Branch Energy; Birchfield Mining, Incorporated; Davidson Mining, Incorporated; M.A.E.-West, Incorporated, Defendants-Appellants, v. Michael H. Holland; Michael O. McKown; Donald E. Pierce, Jr.; Elliot A. Segal, Trustees of the United Mine Workers of America 1993 Benefit Plan, Third Party Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1999.

Attorney(s) appearing for the Case

ARGUED: Charles Leslie Woody, Spilman, Thomas & Battle, P.L.L.C., Charleston, West Virginia; David J. Laurent, Polito & Smock, P.C., Pittsburgh, Pennsylvania, for Appellants. Marilyn Louise Baker, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, D.C., for Appellees. ON BRIEF: Elizabeth A. Saindon, Joseph R. House, Mooney, Green, Baker, Gibson & Saindon, P.C., Washington, D.C.; Peter Buscemi, Morgan, Lewis & Bockius, L.L.P., Washington, D.C.; David W. Allen, Brian H. Benjet, Office of the General, UMWA Health and Retirement Funds, Washington, D.C., for Appellees.

Before WIDENER, MURNAGHAN, and WILKINS, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge MURNAGHAN joined.

OPINION

WILKINS, Circuit Judge:

The Trustees of the United Mine Workers of America 1992 Benefit Plan (the "Trustees") brought this action against Coal Companies1 under the Coal Industry Retiree Health Benefit Act of 1992 (the Coal Act...

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