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PEABODY COAL CO., LLC v. BARNHART

No. CIV 05-671-SLR.

469 F.Supp.2d 240 (2007)

PEABODY COAL CO., LLC, and Eastern Associated Coal Corp., Plaintiffs, v. Jo Anne B. BARNHART, Defendant, and Trustees of the United Mine Workers of America Combined Benefit Fund, Intervenor Defendant.

United States District Court, D. Delaware.

January 11, 2007.

Attorney(s) appearing for the Case

Morris, Nichols, Arsht & Tunnell, Wilmington, DE (Jason A. Cincilla, of counsel), John R. Woodham, W. Gregory Mott, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C., for plaintiffs.

United States Attorney's Office, Wilmington, DE (Patricia C. Hannigan, of counsel), Eric R. Womack, Esquire, United States Department of Justice, Washington, D.C., for defendant.

Ashby & Geddes, Wilmington, DE (Carolyn Shelly Hake, of counsel), Christopher F. Clarke, Office of the General Counsel, UMWA Health & Retirement Funds, Washington, D.C., for intervenor defendant.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On September 14, 2005, Peabody Coal Company, LLC ("Peabody") and Eastern Associated Coal Corporation ("EACC") (collectively, "plaintiffs") filed suit against defendant Jo Anne B. Barnhart ("Barnhart"), the Commissioner of the Social Security Administration ("SSA"). (D.I.1) Plaintiffs' complaint alleges that Barnhart's decision1 to assign them...

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