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BURK v. LEWIS

Civ. A. No. 2684-65.

282 F.Supp. 620 (1968)

Allen BURK, Plaintiff, v. John L. LEWIS, Henry G. Schmidt and Josephine Roche, Trustees, United Mine Workers of America Welfare and Retirement Fund of 1950, Defendants.

United States District Court District of Columbia.

February 28, 1968.

Attorney(s) appearing for the Case

Orlin L. Livdahl, Jr., Julian H. Singman, Landis, Cohen & Singman, Washington, D. C., for plaintiff.

Welly K. Hopkins, Harold H. Bacon, Joseph T. McFadden, Washington, D. C., for defendants.

MEMORANDUM OPINION

GESELL, District Judge.

Plaintiff, a retired coal miner, seeks judgment against the defendant Trustees for monthly pension payments, from April 1, 1953, to date, and an order directing that he be placed on the rolls of pension eligibility.

It has been stipulated that the sole issue in the case is whether the defendant Trustees acted in bad faith, arbitrarily or capriciously in denying plaintiff's application for pension benefits...

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