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HAYNES v. O'CONNELL

Civ. No. 3-84-391.

599 F.Supp. 59 (1984)

Fred HAYNES, Ralph Stonecipher, Jack Wagner, Ramsey Dougherty, Luther Wilson and Gaynes Burton By and Through his widow Raye Burton v. John J. O'CONNELL and Paul R. Dean, Trustees, UMWA Health and Retirement Funds (Formerly UMWA Welfare and Retirement Fund), Robert T. Boylan, Director and Agent for Service of Legal Process.

United States District Court, E.D. Tennessee, N.D.

September 17, 1984.

Attorney(s) appearing for the Case

Dorothy B. Stulberg, Oak Ridge, Tenn., for plaintiffs.

E.H. Rayson, Knoxville, Tenn., for defendants.

MEMORANDUM

HULL, District Judge.

This is an action alleging wrongful denial of pension benefits under the Employment Retirement Security Act of 1974 [ERISA], 29 U.S.C. §§ 1001 et seq. and the Labor-Management Relations Act [LMRA], 29 U.S.C. §§ 141 et seq. The case is before the Court on defendants' motion to dismiss and plaintiff Faye Burton's motion to nonsuit.

Plaintiffs, excluding Faye Burton, are five living...

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