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Argued September 19, 2001

OPINION OF THE COURT

In this appeal, Coltec Industries, Inc. (“Coltec”) seeks to extricate itself from its voluntary dismissal with prejudice of its claim against the United Mine Workers of America Combined Benefit Fund and its trustees (collectively”the Fund”) that asserted that the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act), 26 U.S.C. SS 9701-9722 (2001), was unconstitutional. Subsequent to that dismissal, the Supreme Court in Eastern Enterprises v. Apfel, 524 U.S. 498 (1997), declared the Coal Act unconstitutional as applied to companies in situations similar to Coltec. Coltec then filed motions in the District Court under Federal Rule of Civil Procedure 60(b) seeking to reinstate its constitutional claims. The District Court viewed Coltec as seeking to escape the effects of its earlier agreements in order to benefit from the ruling in Eastern and denied Coltec’s attempt to reassert its constitutional claims or to have its liability for Coal Act premiums reduced to zero. The District Court also ordered Coltec to pay to the Fund $7,129,090.97 in premiums and interest. Coltec appeals the rulings of the District Court.

 
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