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Dunham v. Holland

March 31, 2006

A. FRANK DUNHAM, ET AL., PLAINTIFFS,
v.
MICHAEL H. HOLLAND, ET AL., DEFENDANTS.



The opinion of the court was delivered by: James Robertson United States District Judge

ORDER

For reasons to be set forth in an opinion to follow, the motion of Employer Trustees A. Frank Dunham and Elliot A. Segal for summary judgment [5] is granted as to Arbitrator Irving's decision that BethEnergy is "no longer in business" if Massey is not legally obligated to provide health benefits to BethEnergy retirees at the High Power Mountain Preparation Plant and Eagle Nest Mine who never came to work for a covered Massey subsidiary and otherwise denied. The motion of Union-Appointed Trustees Michael H. Holland and Marty D. Hudson for summary judgment [6] is denied as to Arbitrator Irving's decision that BethEnergy is "no longer in business" if Massey is not legally obligated to provide health benefits to BethEnergy retirees at the High Power Mountain Preparation Plant and Eagle Nest Mine who never came to work for a covered Massey subsidiary and otherwise granted.

It is SO ORDERED.

20060331

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