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LEWIS v. KERNS

Civ. A. No. TH 58-C-13.

175 F.Supp. 115 (1959)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, As Trustees of The United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. Harry KERNS, Nellie Kerns, Darrell Kerns and Doris Kerns, individually, and trading as the Tri-K Mining Company, a partnership, Defendants.

United States District Court S. D. Indiana, Terre Haute Division.

June 23, 1959.

Attorney(s) appearing for the Case

Val J. Mitch and Harold H. Bacon, Washington, D. C., and Louis D. Nattkemper, Terre Haute, Ind., for plaintiffs.

Gambill, Cox, Zwerner & Gambill, Terre Haute, Ind., for defendants.

STECKLER, Chief Judge.

This cause is before the Court on plaintiffs' amended motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., directed to both plaintiffs' second amended complaint and defendants' amended counterclaim. A jury trial was demanded by defendants.

Plaintiffs, John L. Lewis, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 (hereinafter...

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