Income from Discontinued Operations

12 Months Ended

Dec. 31, 2011

Discontinued Operations and Disposal Groups [Abstract]

Income from discontinued operations [Text Block]

			Years Ended December 31,
(In millions)			2011	2010	2009
Adjustments to contingencies of former operations:
	Gain from FBLET refunds	$	4.2	-	19.7
	BAX Global indemnification		-	1.7	(13.2)
	Insurance recoveries related to BAX Global indemnification		1.2	1.6	-
	Workers’ compensation		(1.4)	(7.2)	(1.5)
	Other		(1.8)	0.8	1.8
Income (loss) from discontinued operations before income taxes			2.2	(3.1)	6.8
Provision (credit) for income taxes			0.7	(3.4)	2.3
Income from discontinued operations, net of tax		$	1.5	0.3	4.5

Federal Black Lung Excise Tax (“FBLET”) refunds

The Energy Improvement and Extension Act of 2008 enabled taxpayers to file claims for FBLET refunds for periods prior to those open under the statute of limitations previously applicable to us.  In 2009, we received $23.9 million of FBLET refunds and recognized the majority of these refunds as a pretax gain of $19.7 million in 2009. In the second quarter of 2011, the statute of limitations expired and we recognized a pretax gain of $4.2 million for the remaining portion of the refund.

BAX Global

BAX Global, a former business unit, had been defending a claim related to the apparent diversion by a third party of goods being transported for a customer.  On April 23, 2010, the Dutch Supreme Court denied the final appeal of BAX Global, letting stand the lower court ruling that BAX Global is liable for this claim.   We had contractually indemnified the purchaser of BAX Global for this contingency.  We recognized €9 million ($13.2 million) related to this matter in discontinued operations in 2009, made an $11.5 million payment in 2010 in satisfaction of the judgment, and reversed $1.7 million of expense in 2010. We recovered a portion of the loss from insurance companies ($1.2 million in 2011 and $1.6 million in 2010).

Note 17 – Income from Discontinued Operations

Federal Black Lung Excise Tax (“FBLET”) refunds

The Energy Improvement and Extension Act of 2008 enabled taxpayers to file claims for FBLET refunds for periods prior to those open under the statute of limitations previously applicable to us.  In 2009, we received $23.9 million of FBLET refunds and recognized the majority of these refunds as a pretax gain of $19.7 million in 2009. In the second quarter of 2011, the statute of limitations expired and we recognized a pretax gain of $4.2 million for the remaining portion of the refund.

BAX Global

BAX Global, a former business unit, had been defending a claim related to the apparent diversion by a third party of goods being transported for a customer.  On April 23, 2010, the Dutch Supreme Court denied the final appeal of BAX Global, letting stand the lower court ruling that BAX Global is liable for this claim.   We had contractually indemnified the purchaser of BAX Global for this contingency.  We recognized €9 million ($13.2 million) related to this matter in discontinued operations in 2009, made an $11.5 million payment in 2010 in satisfaction of the judgment, and reversed $1.7 million of expense in 2010. We recovered a portion of the loss from insurance companies ($1.2 million in 2011 and $1.6 million in 2010).