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LEWIS v. MEARNS

No. 541-F.

168 F.Supp. 134 (1958)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs, v. Harold A. MEARNS, Individually and Doing Business as Mearns Mining Company, Defendant.

United States District Court N. D. West Virginia, at Fairmont.

December 5, 1958.

Attorney(s) appearing for the Case

Harold H. Bacon and Charles L. Widman, Washington, D. C. (Val. J. Mitch, Washington, D. C., on the brief), and Louis D. Meisel, Fairmont, W. Va., for plaintiffs.

Howard Caplan and Stotler, McReynolds & Caplan, Clarksburg, W. Va., for defendant.

HARRY E. WATKINS, Chief Judge.

This is an action by the trustees of the United Mine Workers of America Welfare and Retirement Fund seeking 40¢ per ton royalties on 70,208.32 tons of coal mined by defendant, an operator of a small coal mining operation, between January 1, 1954, and November 6, 1956, or a total of $28,083.33, under a provision of the National Bituminous Coal Wage Agreement of 1950 as Amended September 29, 1952. This agreement is a collective bargaining...

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