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PRITT v. UMWA 1950 BEN. PLAN AND TRUST

No. 2:93-0473.

847 F.Supp. 427 (1994)

Davis J. PRITT, Individually and Davis J. Pritt, as Administrator of the Estate of Virgie E. Pritt, Plaintiff, v. UNITED MINE WORKERS OF AMERICA 1950 BENEFIT PLAN AND TRUST, United Mine Workers of America 1974 Benefit Plan and Trust, Paul R. Dean, Michael H. Holland, Marty D. Hudson, Elliot A. Segal, Trustees, Defendants.

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

March 28, 1994.

Attorney(s) appearing for the Case

H. John Taylor, Rand, WV, for plaintiff.

Margaret M. Topps and Susan Kornetsky, UMWA Health & Retirement Funds, Washington, DC, Mary Jane Pickens and Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the cross-motions of the parties for summary judgment. Both parties assert there are no issues of material fact in dispute and that they are entitled to judgment as a matter of law.1

I.

The Plaintiff seeks payment of certain medical expenses for skilled nursing care incurred during the course of the treatment of his late wife (the decedent)...

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