Michael H. Holland v. Atlas Alloys Company, Inc.

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 00-3889
MICHAEL H. HOLLAND; THOMAS O.S. RAND; WILLIAM P. HOBGOOD;
MARTY D. HUDSON; ELLIOT S. SEGAL; GAIL R. WILENSKY;
CARL E. VANHORN, as Trustees of the UNITED MINE WORKERS
OF AMERICA COMBINED BENEFIT FUND
and
MICHAEL H. HOLLAND; A. FRANK DUNHAM; MARTY D. HUDSON;
ELLIOT A. SEGAL, as Trustees of the UNITED MINE WORKERS
OF AMERICA 1992 BENEFIT PLAN
v.
ATLAS ALLOYS COMPANY, INC.; CRESCENT HILLS COAL
COMPANY, INC.; ATLAS FABCO, INC.; CANON COAL CO.
Atlas Alloys Company, Inc.; Cresce
Coal company, Inc. and Atlas Fabco
Appellants
Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 98-cv-02012)
District Judge: Honorable Donald J. Lee
Submitted Under Third Circuit LAR 34.1(a)
February 28, 2002
Before: ROTH and FUENTES, Circuit Judges
KATZ*, District Judge
( Opinion filed: May 7, 2002)
-OPINION-
ROTH, Circuit Judge,
Defendants appeal the order of the United States District Court for the Western
District of Pennsylvania, granting plaintiffs’ motion for summary judgment. This appeal
arises from an action originally brought under the Coal Industry Retiree Health Benefit
Act of 1992. See 28 U.S.C. 9701-9722. Plaintiffs, as trustees of the United Mine
Workers of America (UMWA) Combined Benefit Fund and the UMWA 1992 Benefit
Plan, brought this action to collect from the defendants, jointly and severally, alleged
delinquent beneficiary payments due to the plans. On October 20, 2000, the District
Court granted the plaintiff’s motion for summary judgment and ordered the defendants to
make delinquent payments and to pay interest, liquidated damages, and reasonable
attorney’s fees and costs. We have jurisdiction to hear this appeal pursuant to 28 U.S.C.
1291.

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On appeal, the defendants first contend that the plaintiffs’ case was barred
pursuant to a prior settlement agreement between the parties. This contention is based on
* Honorable Marvin Katz, District Court Judge for the Eastern District of
Pennsylvania, sitting by designation.
a 1994 Settlement Agreement entered into between the Trustees of the UMWA 1950 and
1974 Pension Plans and Crescent Hills Coal Company, Inc., Atlas Alloys Company, Inc.,
and Atlas Fabco Inc.. While the 1950 and 1974 Benefit plans did merge to form the
UMWA Combined Benefit Fund as a result of the Coal Act, the 1950 and 1974 Pension
Plans still exist, separate from one another and separate from the Combined Fund and the
1992 Plan. This case involves the UMWA Combined Benefit Fund and the UMWA 1992
Benefit Plan, neither of which were parties to the settlement agreement. For that reason,
the settlement agreement is not binding on the UMWA Combined Benefit Fund and the
1992 Benefit Plan, and the District Court properly found the defendants’ argument to be
without merit.
The defendants’ second contention is that the plaintiffs’ claims are barred by the
Pennsylvania Wage Payment and Collection Law’s three year statute of limitations. See
43 Pa. Stat. Ann. 260.9a(9). We reject this contention, as the District Court did, in favor
of the six year statute of limitations set forth under ERISA, see 29 U.S.C. 1451(f), as
prescribed by the Coal Act. See 26 U.S.C. 9271. The plaintiffs’ cause of action arose in
1993, and the action was filed in December 1998, well within the six year period. After
our plenary review of the record, we conclude that the plaintiffs’ action was not barred.
For the foregoing reasons, we will affirm the order of the District Court.
TO THE CLERK:
Please file the foregoing Opinion.
By the Court,
/s/Jane R. Roth
Circuit Judge

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