Dunham et al v. Holland et al

District of Columbia, dcd-1:2004-cv-01993

ORDER granting in part and denying in part plaintiffs' motion for summary judgment {{5}} and granting in part and denying in part defendants' motion for summary judgment {{6}}. Signed by Judge James Robertson on March 31, 2006.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA A. FRANK DUNHAM, et al.,:: Plaintiffs,:: v.: Civil Action No. 04-1993 (JR): MICHAEL H. HOLLAND, et al.,:: Defendants.: 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. JAMES ROBERTSON United States District Judge - 2 -