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KANE v. LEWIS

282 A.D. 529 (1953)

Kathryn Kane, as Administratrix of The Estate of Peter Henshaw, Deceased, Appellant, v. John L. Lewis et al., as Trustees for The United Mine Workers of America Welfare and Retirement Fund, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1953.

Attorney(s) appearing for the Case

Boris Schneeberg for appellant.

George G. Coughlin, Chandler Y. Keller, Val J. Mitch and Edward L. Carey for respondents.

FOSTER, P. J., BERGAN, HALPERN and IMRIE, JJ., concur.

COON, J.

Plaintiff, a resident of the State of New York, brought this action to recover a pension allegedly due from the United Mine Workers of America Welfare and Retirement Fund, a fund created by the National Bituminous Coal Wage Agreement of 1950. The agreement specifies that the fund shall have its place of business in Washington, D. C., and shall be operated by a board of three trustees. One of the trustees...

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