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LEWIS v. COLEMAN

Civ. A. No. 709.

257 F.Supp. 38 (1966)

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. J. R. COLEMAN, individually and trading as the Coleman Red Ash Coal Company, Defendant.

United States District Court S. D. West Virginia, Bluefield Division.

July 25, 1966.

Attorney(s) appearing for the Case

M. E. Boiarsky, Charleston, W. Va., Val J. Mitch, Harold H. Bacon, Charles L. Widman, Washington, D. C., for plaintiffs.

Leon P. Miller, Welch, W. Va., J. Strother Crockett, Crockett, Tutwiler & Crockett, Welch, W. Va., for defendant.

CHRISTIE, District Judge:

This case is before the Court pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon motion for summary judgment made by 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 called the Fund).

HISTORICAL BACKGROUND

This action was instituted by the Trustees to recover certain sums of money...

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