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HUGE v. MAXIMEADOWS MIN. CO.

Civ. A. No. 77-M-1310.

459 F.Supp. 267 (1978)

Harry HUGE, C. W. Davis and Paul R. Dean, as Trustees of the United Mine Workers of America Health and Retirement Funds, Plaintiffs, v. MAXIMEADOWS MINING CO., Defendant.

United States District Court, N. D. Alabama, Jasper Division.

October 19, 1978.

Attorney(s) appearing for the Case

Earl V. Brown, Jr., and William E. Mitch, Cooper, Mitch & Crawford, Birmingham, Ala., Henry S. Ruth, Jr., and Walter P. O'Connell, UMWA Health and Retirement Funds, Washington, D. C., for plaintiffs.

Donald W. Davis, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

McFADDEN, Chief Judge.

This is a suit by the Trustees of the United Mine Workers of America Health and Retirement Funds for moneys due under the provisions of a collective bargaining agreement, namely the National Bituminous Coal Wage Agreement of 1974, executed by the defendant on April 25, 1977. Under the terms of the agreement, defendant was required to pay to the Funds eighty-two cents per ton for each ton of coal produced for use...

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