United States DC Circuit

A suit challenging nationwide implementation of a revised interpretation of the Coal Industry Retiree Health Benefit Act of 1992 is not barred by res judicata.

Appellate Information

• Decided 11/08/2002
• Published 11/08/2002

Judges

• Before:  EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jeffrey Clair, Attorney, United States Department of Justice, argued the cause for federal appellant.   With him on the briefs were Roscoe C. Howard, Jr., United States Attorney, and Douglas N. Letter, Litigation Counsel, United States Department of Justice., John R. Woodrum argued the cause for appellants National Mining Association, et al.   With him on the briefs was Margaret S. Lopez.   William I. Althen entered an appearance.


• For Appellees:
  
• Stephen J. Pollak argued the cause for appellees Holland, et al., and amicus curiae United Mine Workers of America.   With him on the briefs were John Townsend Rich, Howard R. Rubin, and Paul A. Green.  Grant F. Crandall entered an appearance.