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SICHKO v. LEWIS

Civ. No. 18144.

191 F.Supp. 68 (1960)

John SICHKO, Plaintiff, v. John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Defendants.

United States District Court W. D. Pennsylvania.

December 30, 1960.

Attorney(s) appearing for the Case

Jerome M. Libenson, Lampl, Kirshner & Libenson, Pittsburgh, Pa., for plaintiff.

Alexander Unkovic, Kountz, Fry & Meyer, Pittsburgh, Pa., for defendants.

JOHN L. MILLER, District Judge.

In this action to compel payment of a pension, defendants move to strike plaintiff's jury demand on the grounds that plaintiff's action is one of an equitable nature and is not triable as of right by a jury.1 Plaintiff's allegation of eligibility is denied by defendants. It is not disputed, however, that in order for plaintiff to recover a sum of money due him from trustees, he must first establish that...

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