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CONNORS v. MULVEHILL

Civ. A. No. 87-AR-0039-S.

679 F.Supp. 1071 (1988)

Joseph P. CONNORS, Sr., et al., Plaintiffs, v. Van MULVEHILL, Defendant.

United States District Court, N.D. Alabama, S.D.

February 5, 1988.

Attorney(s) appearing for the Case

Patrick K. Nakamura, Robert H. Stropp, Jr., Stropp & Nakamura, Birmingham, Ala., David C. Bernabucci, Asst. General Counsel, United Mine Workers of America, Health and Retirement Funds, Peter H. Gould, Deputy Asst. General Counsel, Pension Benefit Guar. Corp., Washington, D.C., for plaintiffs.

Charles L. Howard, Jr., Howard & Howard, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the motion of defendant, Van Mulvehill, for summary judgment. The court also has for consideration the motion of plaintiffs, Joseph P. Connors, Sr., et al., as Trustees, for partial summary judgment, and the motion of plaintiffs, in the alternative, to require arbitration of the present controversy. The material and controlling facts are not in dispute. The primary reason the court...

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