Legal Opinion
Blue Diamond Coal Co. v. Shalala (In Re Blue Diamond Coal Co.)
District Court, E.D. Tennessee
Decided November 9, 1994No. CIV-3-93-473PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HULL, District Judge.
This is an adversary proceeding in which Blue Diamond Coal Company, a reorganized Chapter 11 Debtor, challenges the constitutionality of the “super-reaehback” provision of the Coal Industry Retiree Health Benefit Act of 1992 (the Coal Act), 26 U.S.C. §§ 9704(a)(3). All parties have moved for summary judgment; the issues have been fully briefed; and the ease was heard on oral argument on Monday November 7, 1994. The Court makes the findings of fact and conclusions of law which follow.
I. BACKGROUND
Blue Diamond runs bituminous coal mining and mining-related operations…
2Cases cited9 opinions
- Penn Central Transportation Co. v. New York CitySupreme 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
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- United States v. LockeSupreme Court of the United States · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)Court of Appeals for the Sixth Circuit · 2001
- In Re Chateaugay CorporationCourt of Appeals for the Second Circuit · 1995
- Davon, Inc. v. ShalalaCourt of Appeals for the Seventh Circuit · 1996
- LTV Steel Co. v. ShalalaCourt of Appeals for the Second Circuit · 1995
- Unity Real Estate Co. v. HudsonDistrict Court, W.D. Pennsylvania · 1995
11 more not listed; retrieve them via the Exa API.