United States Eleventh Circuit

In action under the Coal Industry Retiree Health Benefit Act of 1992 challenging defendant's assignment of various miner retirees to plaintiffs for health care premium payments, summary judgment for defendant is reversed as to the district court's judgment upholding the assignment of one of the three miners to plaintiffs based upon a rebuttable presumption, and with respect to eleven of the fifteen miners assigned to plaintiffs based upon a finding that another responsible coal operator was not "in business" for purposes of the Coal Act.

Appellate Information

• Decided 08/15/2007
• Published 08/15/2007

Judges

• RESTANI, Judge:, Before DUBINA and BLACK, Circuit Judges, and RESTANI, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Lee Lucas, Burr & Foreman, LLP, Birmingham, AL, James T. Carney, USX Corp., Pittsburgh, PA, for Plaintiffs-Appellants., Christopher F. Clarke, UMWA Health & Retirement Funds, Washington, DC, for Intervenors.


• For Appellees:
  
• Mark A. Totten, Jeffrey Clair, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Defendant-Appellee.