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COMBS v. MABEN ENERGY CORP.

Civ. A. Nos. 83-5098, 83-5112, 83-5134 and 83-5140.

637 F.Supp. 954 (1986)

Harrison COMBS, et al., as Trustees of the United Mine Workers Health and Retirement Funds, Plaintiffs, v. MABEN ENERGY CORPORATION, Defendant and Third-Party Plaintiff, v. SLAB FORK COAL COMPANY, Third-Party Defendant. Harrison COMBS, et al., as Trustees of the United Mine Workers Health and Retirement Funds, Plaintiffs, v. HALF-WAY, INC., Defendant and Third-Party Plaintiff, v. SLAB FORK COAL COMPANY, Third-Party Defendant. Harrison COMBS, et al., as Trustees of the United Mine Workers Health and Retirement Funds, Plaintiffs, v. OLD MILL MINING, INC., Defendant and Third-Party Plaintiff, v. SLAB FORK COAL COMPANY, Third-Party Defendant. Harrison COMBS, et al., as Trustees of the United Mine Workers Health and Retirement Funds, Plaintiffs, v. EAST GULF FUEL CORPORATION, Defendant and Third-Party Plaintiff, v. SLAB FORK COAL COMPANY, Third-Party Defendant.

United States District Court, S.D. West Virginia, Beckley Division.

June 19, 1986.

Attorney(s) appearing for the Case

Gary A. Collias, McIntyre, Haviland & Jordan, Charleston, W.Va., for plaintiffs.

John F. Rist, III, Beckley, W.Va., for Maben Energy, Half-Way, Inc. and East Gulf.

Richard E. Rowe, Goodwin & Goodwin, Charleston, W.Va., for Slab Fork.

Pat C. Fragile, Wooton, Wooton & Fragile, Beckley, W.Va., for Old Mill.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

These cases come before this Court on cross motions for summary judgment in order to determine the meaning of a provision of the National Bituminous Coal Wage Agreement of 1981. The facts applicable to each of the cases are as follows.

Plaintiffs, Harrison Combs, John J. O'Connell and Paul R. Dean are Trustees of the United Mine Workers of America 1950 Pension Trust, 1950 Benefit Trust, 1974 Pension...

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