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SCHIFANO v. UMWA 1974 BEN. PLAN AND TRUST

No. 83-0264-C(K).

655 F.Supp. 200 (1987)

Charles SCHIFANO, Kenneth Allen, Arden Barnett, Keith Harvey, Gerald Cutright, Ralph Cutright, Ward Hetrick, Chester Kisner, Lee McFann, George Miker, Steve Miker, Wayne Musgrave, Ralph Nethken, Stanley Slaughter, John Tichenor, Charles Trippett, and Jerry Hawkins, Plaintiffs, v. UNITED MINE WORKERS OF AMERICA 1974 BENEFIT PLAN AND TRUST, Defendant.

United States District Court, N.D. West Virginia, Clarksburg Division.

February 23, 1987.

Attorney(s) appearing for the Case

Timothy J. Manchin and Michael John Aloi, Fairmont, W.Va., for plaintiffs.

William F. Hanrahan, UMWA Health & Retirement Fund, Gen. Counsel, Washington, D.C., Mike Magro, Jr., Morgantown, W.Va., for defendant.

MEMORANDUM OPINION

KIDD, District Judge.

Pending before the Court are cross-motions for summary judgment filed by the parties. The underlying material facts of this action are not disputed. The only issue to be decided is one of law. Therefore, this action is ripe for summary judgment.

The plaintiffs in this action are retired coal miners who were former employees of South Union Coal Company and pensioners under the United Mine Workers of America...

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