HUTCHESON, Chief Judge.
Filed November 8, 1949, to recover damages for silicosis resulting to plaintiff in 1944, from defendant's failure to provide a ventilation system as needed in its mines, the suit was in two counts.
In Count One, sounding in contract, plaintiff, as third party beneficiary, sought to recover for breach of a collective bargaining agreement entered into between the defendant and the International Union of Mine Mill and Smelter Workers,...
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