Court of Appeals for the Fourth Circuit May 18, 2004, Nos. 02-2199, 02-2200, 03-1351 (Pittston Co. v. United States)

lead-opinion

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Chief Judge WILKINS wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge:

These appeals challenge the constitutionality of the Coal Industry Retiree Health Benefits Act of 1992 (the “Coal Act”), 26 U.S.C. §§ 9701-9722.