Filed: Mar. 11, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1939 MICHAEL H. HOLLAND; A. FRANK DUNHAM; MARTY D. HUDSON; ELLIOT A. SEGAL, as Trustee of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs - Appellees, versus LAKE ENERGY, INCORPORATED, a corporation; THUNDER MOUNTAIN ENERGY, INCORPORATED, a corporation, Defendants, and CAREY CLINE, Intervenor - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-1939 MICHAEL H. HOLLAND; A. FRANK DUNHAM; MARTY D. HUDSON; ELLIOT A. SEGAL, as Trustee of the United Mine Workers of America 1992 Benefit Plan, Plaintiffs - Appellees, versus LAKE ENERGY, INCORPORATED, a corporation; THUNDER MOUNTAIN ENERGY, INCORPORATED, a corporation, Defendants, and CAREY CLINE, Intervenor - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1939
MICHAEL H. HOLLAND; A. FRANK DUNHAM; MARTY D.
HUDSON; ELLIOT A. SEGAL, as Trustee of the
United Mine Workers of America 1992 Benefit
Plan,
Plaintiffs - Appellees,
versus
LAKE ENERGY, INCORPORATED, a corporation;
THUNDER MOUNTAIN ENERGY, INCORPORATED, a
corporation,
Defendants,
and
CAREY CLINE,
Intervenor - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Elizabeth V. Hallanan,
Senior District Judge. (CA-98-467-2)
Submitted: February 26, 2002 Decided: March 11, 2002
Before WILKINSON, Chief Judge, and WIDENER and WILLIAMS, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Mychal S. Schulz, SCHUMACHER, FRANCIS & NELSON, Charleston, West
Virginia, for Appellant. David W. Allen, Larry D. Newsome,
Jonathan Sokolow, Christopher F. Clarke, UNITED MINE WORKERS OF
AMERICA HEALTH AND RETIREMENT FUNDS, Washington, D.C., for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Carey Cline appeals from the district court’s order denying
his Fed. R. Civ. P. 60(b) motion for relief from the court’s judg-
ment order directing the West Virginia Commissioner of Labor to
draw on a wage bond to satisfy an unpaid judgment. We have pre-
viously granted the motion to submit this case for a decision on
the briefs without oral argument. We now affirm.
Cline asserts that the district court abused its discretion in
denying his Rule 60(b) motion and that the court did not have the
authority to issue a suggestion order directing the Commissioner of
Labor to draw on the wage bond. We have reviewed the materials in
the Joint Appendix and the arguments presented in the parties’
briefs and find no abuse of discretion and no reversible error.
See Heyman v. M.L. Mktg. Co.,
116 F.3d 91, 94 (4th Cir. 1997).
Accordingly, we affirm on the reasoning of the district court. See
Holland v. Lake Energy, Inc., No. CA-98-467-2 (S.D.W. Va. June 18,
2001).
AFFIRMED
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