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RITTENBERRY v. LEWIS

No. 4104.

238 F.Supp. 506 (1965)

Charlie RITTENBERRY v. John L. LEWIS, Josephine Roche, and Henry G. Schmidt, Trustees of the United Mine Workers of America Welfare and Retirement Fund.

United States District Court E. D. Tennessee, S. D.

February 9, 1965.

Attorney(s) appearing for the Case

H. H. Gearinger, Moore, Gearinger & Swafford, Chattanooga, Tenn., for plaintiff.

E. H. Rayson, Kramer, Dye, McNabb & Greenwood, Knoxville, Tenn., for defendant.

FRANK W. WILSON, District Judge.

This case is before the Court upon motions for summary judgment filed upon behalf of both the plaintiff and the defendants. The initial motion for summary judgment was filed on behalf of the defendants. It asserts that no genuine issue of fact exists but that the plaintiff was employed by an employer who was not a signatory to the National Bituminous Wage Agreement at the time of the plaintiff's retirement, and that the plaintiff as...

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