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RINCHUSE v. OLD REPUBLIC INSURANCE CO.

Civ. A. No. 74-946.

387 F.Supp. 935 (1975)

Don L. RINCHUSE, Plaintiff, v. OLD REPUBLIC INSURANCE CO., Defendant.

United States District Court, W. D. Pennsylvania.

February 5, 1975.

Attorney(s) appearing for the Case

James R. Kelley, Greensburg, Pa., for plaintiff.

Richard T. Wentley, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendant.

OPINION

DUMBAULD, District Judge.

This case presents the interesting question whether plaintiff is entitled to a jury trial. He seeks the penalty of $50 per day given by 29 U.S.C.A. § 308(b) which reads as follows:

Any administrator of a plan who fails or refuses, upon the written request of a participant or beneficiary covered by such plan, to make publication to him within thirty days of such request, in accordance with the provisions of...

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