452
Opinion of the Court
"(ii) a trade or business which is under common control (as determined under section 52(b)) with such signatory operator; or
"(iii) any other person who is identified as having a partnership interest or joint venture with a signatory operator in a business within the coal industry, but only if such business employed eligible beneficiaries, except that this clause shall not apply to a person whose only interest is as a limited partner." § 9701(c)(2).
In addition, the last sentence of § 9701(c)(2)(A) states that "[a] related person shall also include a successor in interest of any person described in clause (i), (ii), or (iii)."
Although the Commissioner maintains that Jericol is a "related person" to Shackleford, Jericol does not fall within any of the three specified categories defining a "related person." There is no contention that it was ever a member of a controlled group of corporations including Shackleford, that it was ever a business under common control with Shackleford, or that it ever had a partnership interest or engaged in a joint venture with Shackleford. Therefore, liability for these beneficiaries may attach to Jericol only if it is a successor in interest to an entity described in §§ 9701(c)(2)(A)(i)- (iii). Because Jericol is a successor in interest only to Shackleford, Jericol will be liable only if a signatory operator itself, here Shackleford, falls within one of these categories. None of the three categories, however, includes the signatory operator itself.
Nor should we infer as much, as it is a general principle of statutory construction that when " 'Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.' " Russello v. United States, 464 U. S. 16, 23 (1983) (quoting United States v. Wong Kim Bo, 472 F. 2d 720, 722 (CA5 1972)). Where Congress wanted to provide for successor liability in the Coal Act, it did so explic-
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