Legal Opinion

Holland v. Double G Coal Co., Inc.

District Court, S.D. West Virginia

Decided September 28, 1995No. Civ. A. 1:94-0378PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM OPINION

FABER, District Judge.

I. STATEMENT OF THE CASE

Plaintiffs, Trustees of the United Mine Workers of America 1992 Benefit Plan (“1992 Plan”), filed the present action seeking to recover unpaid premiums from defendant, Double G Coal Co., Inc. (“Double G”). 1 Plaintiffs allege that section 9712 2 of the Coal Industry Retiree Health Benefit Act of 1992 (the “Coal Act”) requires Double G to pay premiums to the 1992 Plan. Currently pending before the court is plaintiffs’ Motion for Summary Judgment, which has been fully briefed by the parties and is mature for the court’s…

2Cases cited5 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Barrick Gold Exploration, Inc. v. HudsonDistrict Court, S.D. Ohio · 1993
  4. Carbon Fuel Co. v. USX Corp.District Court, S.D. West Virginia · 1995
  5. Holland v. American Coal Co., Inc.District Court, S.D. West Virginia · 1994

3Cited by27 opinions

  1. In Re Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated, Debtors (Two Cases). United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee Office of the United States Trustee, Parties-In-Interest. United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee United States Trustee, Parties-In-Interest. In Re Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors (Two Cases). Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-Interest. Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-InterestCourt of Appeals for the Fourth Circuit · 1996
  2. Anker Energy Corporation v. Consolidation Coal CompanyCourt of Appeals for the Third Circuit · 1999
  3. Rountree v. Nunnery (In Re Rountree)United States Bankruptcy Court, E.D. Virginia · 2011
  4. Buckner v. Westmoreland Coal Co. (In Re Westmoreland Coal Co.)United States Bankruptcy Court, D. Colorado · 1997
  5. In Re: Sunnyside Coal CompanyCourt of Appeals for the Tenth Circuit · 1998

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