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THOMAS v. HONEYBROOK MINES, INC.

No. 17939.

428 F.2d 981 (1970)

Emmett THOMAS, Nicholas J. Haydock and John D. Jillson, Trustees of the Anthracite Health and Welfare Fund v. HONEYBROOK MINES, INC. Charles Nedd, Dominic Iero, Max Dynoski and Anthony Ganly, Members of the Pensioned Anthracite Coal Miners Protest Executive Committee, Suing on Behalf of Themselves and All Other Members of the Class of Pensioned Anthracite Coal Miners and Widows of Deceased Pensioned Anthracite Coal Miners (Intervening Plaintiffs-Intervenors in D. C.), Appellants.

United States Court of Appeals, Third Circuit.

Decided May 28, 1970.

Rehearing Denied August 5, 1970.

Attorney(s) appearing for the Case

John R. McConnell, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellants.

Thomas N. O'Neill, Jr., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellees.

Before McLAUGHLIN, FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The intervenors, members of the Pensioned Anthracite Coal Miners Protest Executive Committee (hereinafter the Committee), appeal from the denial of their motion to direct the payment of their counsel fees out of a fund. The fund in question represents recoveries made by the trustees of the Anthracite Health and Welfare Fund of the United Mine Workers of America (hereinafter the Fund), from certain coal operators...

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