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136031P.pdf   08/21/2013  Patriot Coal Corporation  v.  Peabody Holding Company
   U.S. Court of Appeals Case No:  13-6031
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Kressel, Author, with Federman, Chief Judge, and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. While Heritage Coal's rejection of its collective bargaining agreement relieves it of its contractual obligation to pay benefits, it still has a statutory obligation to pay those benefits, at least until all of the steps of Section 1114 are complied with; upon rejection of a "me too" agreement under Section 1113, absent modification under Section 1114, Heritage was required to comply with the terms of the individual employer plan and provide its retirees those plan defined benefits; here, neither Heritage nor the United Mine Workers requested a modification under Section 1114; Peabody Holding's obligation for benefits is also undisturbed.