Wyoming Pocahontas Land Co. v. Commissioner of Social Security
This text of 61 F. App'x 168 (Wyoming Pocahontas Land Co. v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The Commissioner of Social Security appeals the July 12, 2001, summary judgment holding that the Commissioner lacked that authority under the Coal Industry Retiree Health Benefits Act, 26 U.S.C. § 9706(a), to make initial assignments of liability for financial responsibility after September 30, 1993. The Supreme Court has recently addressed this precise issue in Barnhart v. Peabody Coal Co., 537 U.S. 149, 123 S.Ct. 748, 154 L.Ed.2d 653 (2003). The Commissioner is now before the court with an unopposed motion for summary reversal of the judgment based on Barnhart v. Peabody Coal Co., supra.
[169]*169We find the Commissioner’s motion to be well-taken. Therefore, the judgment of the district court is VACATED and this action is REMANDED to the district court for reconsideration in light of Barnhart v. Peabody Coal Co., supra.
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61 F. App'x 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyoming-pocahontas-land-co-v-commissioner-of-social-security-ca6-2003.