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PICKETT v. UNITED MINE WKRS. OF AMERICA HEALTH, ETC.

No. CIV-4-77-37.

467 F.Supp. 2 (1978)

Elmer PICKETT, Plaintiff, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUNDS et al., Defendants.

United States District Court, E. D. Tennessee, Winchester Division.

April 6, 1978.

Attorney(s) appearing for the Case

Howard G. Swafford, Jasper, Tenn., for plaintiff.

E. H. Rayson and John T. Johnson, Jr., Knoxville, Tenn., and Henry S. Ruth, Jr., and Timothy J. Parsons, Washington, D. C., for defendants.

MEMORANDUM OPINION, ORDER AND REMAND

NEESE, District Judge.

This is a removed, 28 U.S.C. § 1441(a), civil action in which the plaintiff is seeking to recover disability benefits under an employee-benefit plan. 29 U.S.C. § 1132(e)(1), (f). The parties filed cross-motions for summary judgment. Rules 56(a), (b), Federal Rules of Civil Procedure.

A United States magistrate of this district recommended that each such motion be denied, and that...

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