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DIALS v. SMC COAL & TERMINAL CO.

Civ. A. No. 93-337.

891 F.Supp. 373 (1995)

Elmer DIALS, Plaintiff, v. SMC COAL & TERMINAL COMPANY and the Benefit Committee of Wolf Creek Collieries, Defendants.

United States District Court, E.D. Kentucky, Pikeville.

June 23, 1995.

Attorney(s) appearing for the Case

Leonard Stayton, Inez, KY, for Elmer Dials.

Richard C. Stephenson, James D. Allen, Stoll, Keenon & Park, LLP, Lexington, KY, Jack Horn, Inez, KY, for SMC Coal & Terminal Co. and Wolf Creek Collieries Co.

MEMORANDUM OPINION & ORDER

HOOD, District Judge.

This matter is before the Court upon cross motions for summary judgment of the plaintiff, Elmer Dials [Dials], and the defendants, SMC Coal & Terminal Company and the Benefit Committee of Wolf Creek Collieries [SMC]. [Records No. 25 and 28]. Being fully briefed, the motions are ripe for decision.

BACKGROUND

The case sub judice concerns an adverse decision of the...

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