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BURTON v. CONNORS

Civ. A. No. 2:87-0175.

689 F.Supp. 610 (1988)

Glenn BURTON, Plaintiff, v. Joseph P. CONNORS, Sr., Donald E. Pierce, Jr., William B. Jordan and Paul R. Dean, as Trustees of the United Mine Workers of America 1950 Pension Trust, 1950 Benefit Plan and Trust, 1974 Pension Trust and the 1974 Benefit Plan and Trust, Defendants.

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

August 1, 1988.

Attorney(s) appearing for the Case

Thomas M. Hayes, Charleston, W.Va., for plaintiff.

Robert J. Smith, Charleston, W.Va., Gerald E. Cole, Jr., General Counsel, Margaret M. Topper, Assoc. General Counsel, Catherine H. Mitchell, Sr. Assoc. Counsel, UMWA Health & Retirement Funds, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment. The Plaintiff is a former coal miner, and the Defendants are the Trustees of the United Mine Workers of America Health and Retirement Funds. The sole issue for consideration by the Court is whether the Defendants' denial of the Plaintiff's application for a disability pension was supported by substantial evidence.

On August 11, 1984, the Plaintiff was...

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