Legal Opinion
In Re Chateaugay Corp. v. Shalala
District Court, S.D. New York
Decided December 15, 1993No. 86 B 11270 (BRL)-86 B 11334 (BRL), 86 B 11402 (BRL) and 86 B 11464 (BRL). No. 93 Civ. 0554 (JSM)PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MARTIN, District Judge:
This action challenges the constitutionality of the Coal Industry Retiree Health Benefits Act of 1992, 26 U.S.C. §§ 1 note, 9701 et seq. (the “Coal Act” or the “Act”) under the due process clause and the takings clause of the Fifth Amendment to the Constitution. Plaintiffs seek a declaratory judgment that the Act is unconstitutional and an injunction against its enforcement. All parties have moved for summary judgment. In addition, the defendant Secretary of Health and Human Services contends, as a preliminary matter, that this court lacks…
2Cases cited28 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Chateaugay CorporationCourt of Appeals for the Second Circuit · 1995
- LTV Steel Co. v. ShalalaCourt of Appeals for the Second Circuit · 1995
- Unity Real Estate Co. v. HudsonDistrict Court, W.D. Pennsylvania · 1995
- Templeton Coal Co., Inc. v. ShalalaDistrict Court, S.D. Indiana · 1995
- Blue Diamond Coal Co. v. Shalala (In Re Blue Diamond Coal Co.)District Court, E.D. Tennessee · 1994
4 more not listed; retrieve them via the Exa API.