A.T. Massey Coal Co. v. Holland
| Decision Date | 21 December 2006 |
| Docket Number | No. 05-1996.,No. 05-2215.,05-1996.,05-2215. |
| Citation | 472 F.3d 148 |
| Parties | A.T. MASSEY COAL COMPANY, Incorporated; Aloe Energy Corporation; American Electric Power Company, Incorporated; Andalex Resources, Incorporated; Apogee Coal Company; Bellaire Corporation; Bologna Coal Company; Bunch construction Company, Incorporated; Canterbury Coal Company; Carbon Industries, Incorporated; Cedar Coal Company; Central Ohio Coal Company; Charles J. Merlo, Incorporated; Cleveland-Cliffs, Incorporated; Cliffs Mining Company; Commercial Land Company, Incorporated; Consolidation Coal Company; Cumberland River Coal Company; Duke Energy Corporation; Eastern Associated Coal Corporation, LLC; Freeman United Coal Mining Company; G M & W Coal Company; Gateway Coal Company; Gilbert Imported Hardwoods, Incorporated; Helvetia Coal Company; Hobet Mining, Incorporated; Island Creek Coal Company; Jericol Mining, Incorporated; Kanawha Coal Company; Kentucky Carbon Corporation; Keystone Coal Mining Corporation; Laurel Run Mining Company; Lynn Land Company; Maple Meadow Mining Company; Marmon Coal Company; Massey Coal Services, Incorporated; Meadwestvaco Corporation; Mueller Industries, Incorporated; Nacco Industries, Incorporated; National Bulk Carriers, Incorporated; Nell-Jean Industries, Incorporated; New Warwick Mining Company; North Cambria Fuel Company, Incorporated; Omar Mining Company; Palmer Coking Company; Peabody Coal Company, LLC; Peerless Eagle Coal Company; Penn Pocahontas Coal Company; Pennzoil-Quaker State Company; Perry & Hylton, Incorporated; Quarto Mining Company; R & B Falcon Drilling (International & Deepwater), Incorporated, LLC; Foundation American Coal Company, LLC; Rawl Sales And Processing Company; Red Ash Sales Company, Incorporated; Rochester & Pittsburgh Coal Company; Ruhrkohle Trading Corporation; Saginaw Mining Company; Shawmut Development Corporation; Shenango Incorporated; Southern Ohio Coal Company; Stelco Coal Company; Stelco USA, Incorporated; Tennessee Consolidated Coal Company; Tesone Land Company; The Valley Camp Coal Company; Turner Elkhorn Mining Company; US Natural Resources, Incorporated; United States Fuel Company; United States Steel Corporation; Westmoreland Coal Company; Westmoreland Coal Sales Company; Wheeling-Pittsburgh Steel Corporation; Windsor Coal Company; ak Steel Corporation; Ikon Office Solutions, Incorporated, Formerly Known As Alco Standard Corporation; Adam Eidemiller, Incorporated; Alex E. Paris Contracting Company; Appalachian Construction, Incorporated; Beilchick Brothers; Bentley Development Company, Incorporated; Bluestone Coal Corporation; Bollmeier Construction Company; C & A Coal Company, Incorporated; Coal State Construction Company; Codell Construction Company; Dave Hinkle Electric, Incorporated; Elgin National Industries, Incorporated; Ferrell Mine Service, Incorporated; Frank M. Sheesley Company; Gal Construction, Incorporated; Inspiration Coal Incorporated; Mittal Steel USA, Incorporated; Standard Oil Company, Incorporated; L & D, Incorporated; Landzendorfer Trucking, Incorporated; Long Branch Development; Long Branch Energy; Menallen Coke Company of New Salem; Metso Minerals Industries, Incorporated, Formerly Known As Svedala Industries, Incorporated; Ohio Amco, Incorporated; Pardee Coal Company, Incorporated; Ridge Land Company, Incorporated; Rush Run Coal Company, Incorporated, Now Known As Banner Coal & Land Company; Steel Erectors, Incorporated; Terra Industries, Incorporated; Vecellio & Grogan, Incorporated; Welding Incorporated; West Virginia Electric Corporation; F M C Corporation; Pennsylvania Mines, LLC; Chisholm Coal Company, Plaintiffs-Appellees, and A.J. Taft Coal Company, Incorporated; Alabama Electric Cooperative; Bortz Corporation; Buffalo Mining Company; Cowin & Company, Incorporated; Drummond Coal Sales, Incorporated; Eastern Coal Corporation; Elkay Mining Company; Jewell Ridge Coal Corporation; Kentland-Elkhorn Coal Corporation; Meadow River Coal Company; North Cambria, Incorporated; On Marine Services; Pittston Coal Group, Incorporated; Ranger Fuel Corporation; Reitz Coal Company; SEA "B" Mining Company; North American Coal, Incorporated; United States Steel Mining Corporation, LLC; W-P Coal Company; Central Cambria Drilling Company; Kerr-Mcgee Chemical Worldwide LLC; Latrobe Construction Company; Clinchfield Coal Company, Plaintiffs, v. Michael H. HOLLAND; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Van Horn; Gail R. Wilensky, As Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants-Appellants, and Jo Anne B. Barnhart, Commissioner of Social Security, Defendant. A.T. Massey Coal Company, Incorporated; Aloe Energy Corporation; American Electric Power Company, Incorporated; Andalex Resources, Incorporated; Apogee Coal Company; Bellaire Corporation; Bologna Coal Company; Bunch Construction Company, Incorporated; Canterbury Coal Company; Carbon Industries, Incorporated; Cedar Coal Company; Central Ohio Coal Company; Charles J. Merlo, Incorporated; Cleveland-Cliffs, Incorporated; Cliffs Mining Company; Commercial Land Company, Incorporated; Consolidation Coal Company; Cumberland River Coal Company; Duke Energy Corporation; Eastern Associated Coal Corporation, LLC; Freeman United Coal Mining Company; G M & W Coal Company; Gateway Coal Company; Gilbert Imported Hardwoods, Incorporated; Helvetia Coal Company; Hobet Mining, Incorporated; Island Creek Coal Company; Jericol Mining, Incorporated; Kanawha Coal Company; Kentucky Carbon Corporation; Keystone Coal Mining Corporation; Laurel Run Mining Company; Lynn Land Company; Maple Meadow Mining Company; Marmon Coal Company; Massey Coal Services, Incorporated; Meadwestvaco Corporation; Mueller Industries, Incorporated; Nacco Industries, Incorporated; National Bulk Carriers, Incorporated; Nell-Jean Industries, Incorporated; New Warwick Mining Company; North Cambria Fuel Company, Incorporated; Omar Mining Company; Palmer Coking Company; Peabody Coal Company, LLC; Peerless Eagle Coal Company; Penn Pocahontas Coal Company; Pennzoil-Quaker State Company; Perry & Hylton, Incorporated; Quarto Mining Company; R & B Falcon Drilling (International & Deepwater), Incorporated, LLC; Foundation American Coal Company, LLC; Rawl Sales And Processing Company; Red Ash Sales Company, Incorporated; Rochester & Pittsburgh Coal Company; Ruhrkohle Trading Corporation; Saginaw Mining Company; Shawmut Development Corporation; Shenango Incorporated; Southern Ohio Coal Company; Stelco Coal Company; Stelco USA, Incorporated; Tennessee Consolidated Coal Company; Tesone Land Company; The Valley Camp Coal Company; Turner Elkhorn Mining Company; US Natural Resources, Incorporated; United States Fuel Company; United States Steel Corporation; Westmoreland Coal Company; Westmoreland Coal Sales Company; Wheeling-Pittsburgh Steel Corporation; Windsor Coal Company; Ak Steel Corporation; Ikon Office Solutions, Incorporated, Formerly Known As Alco Standard Corporation; Adam Eidemiller, Incorporated; Alex E. Paris Contracting Company; Appalachian Construction, Incorporated; Beilchick Brothers; Bentley Development Company, Incorporated; Bluestone Coal Corporation; Bollmeier Construction Company; C & A Coal Company, Incorporated; Coal State Construction Company; Codell Construction Company; Dave Hinkle Electric, Incorporated; Elgin National Industries, Incorporated; Ferrell Mine Service, Incorporated; Frank M. Sheesley Company; Gal Construction, Incorporated; Inspiration Coal Incorporated; Mittal Steel USA, Incorporated; Standard Oil Company, Incorporated; L & D, Incorporated; Landzendorfer Trucking, Incorporated; Long Branch Development; Long Branch Energy; Menallen Coke Company of New Salem; Metso Minerals Industries, Incorporated, Formerly Known As Svedala Industries, Incorporated; Ohio Amco, Incorporated; Pardee Coal Company, Incorporated; Ridge Land Company, Incorporated; Rush Run Coal Company, Incorporated, Now Known As Banner Coal & Land Company; Steel Erectors, Incorporated; Terra Industries, Incorporated; Vecellio & Grogan, Incorporated; Welding Incorporated; West Virginia Electric Corporation; F M C Corporation; Pennsylvania Mines, LLC; Chisholm Coal Company, Plaintiffs-Appellees, and A.J. Taft Coal Company, Incorporated; Alabama Electric Cooperative; Bortz Corporation; Buffalo Mining Company; Cowin & Company, Incorporated; Drummond Coal Sales, Incorporated; Eastern Coal Corporation; Elkay Mining Company; Jewell Ridge Coal Corporation; Kentland-Elkhorn Coal Corporation; Meadow River Coal Company; North Cambria, Incorporated; On Marine Services; Pittston Coal Group, Incorporated; Ranger Fuel Corporation; Reitz Coal Company; SEA "B" Mining Company; North American Coal, Incorporated; United States Steel Mining Corporation, LLC; W-P Coal Company; Central Cambria Drilling Company; Kerr-Mcgee Chemical Worldwide LLC; Latrobe Construction Company; Clinchfield Coal Company, Plaintiffs, v. Jo Anne B. Barnhart, Commissioner of Social Security, Defendant-Appellant, and Michael H. Holland; William P. Hobgood; Marty D. Hudson; Thomas O.S. Rand; Elliot A. Segal; Carl E. Van Horn; Gail R. Wilensky, As Trustees of the United Mine Workers of America Combined Benefit Fund, Defendants. |
| Court | U.S. Court of Appeals — Fourth Circuit |
ARGUED: Jeffrey A. Clair, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C.; Stephen John Pollak, Goodwin & Proctor, L.L.P., Washington, D.C., for Appellants. John Ray Woodrum, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Washington, D.C., for Appellees.
ON BRIEF:
Peter D. Keisler, Assistant Attorney General, Rod J. Rosenstein, United States Attorney, William Kanter, United States Department of Justice, Washington, D.C., for Federal Appellant. William J. Murphy, Murphy & Shaffer, L.L.C., Baltimore, Maryland; Howard R. Rubin, William E. Copley, III, Sonnenschein, Nath &...
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