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HARPER v. INTERNATIONAL UNION, UMWA PENSION TRUST

Civ. A. No. 5:87-1132.

733 F.Supp. 1027 (1989)

William H. HARPER, Plaintiff, v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA PENSION TRUST and Richard L. Trumka; Cecil R. Roberts; and John J. Banovic, Members, Pension Trust Committee, Defendants.

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

July 6, 1989.

Attorney(s) appearing for the Case

H. John Taylor, Rand, W.Va., for plaintiff.

Webster J. Arceneaux, III, McIntyre, Haviland & Jordan, Charleston, W.Va., and Michael Holland, Gen. Counsel, and Deborah Stern, UMWA, Washington, D.C., for defendants.

ORDER

HALLANAN, District Judge.

This matter is before the Court via cross motions for summary judgment. A hearing was held on these motions on March 3, 1989, at which time the Court directed the parties to submit briefs on certain issues, and took the matters under advisement. After receipt of said briefs and after careful consideration the Court is prepared to rule on these motions.

The first determination the Court must make in ruling on these...

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