FORRISH v. KENNEDY


377 Pa. 370 (1954)

Forrish v. Kennedy, Appellant.

Supreme Court of Pennsylvania.

May 24, 1954.


Attorney(s) appearing for the Case

Frank J. Gormley, with him Martin B. Gormley, for appellants.

Andrew Hourigan, Jr., with him Leo W. White, Allan M. Kluger and George A. Spohrer, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE CHIDSEY, May 24, 1954:

This appeal arises out of an action in equity tried upon a case stated to compel the trustees of the Anthracite Health and Welfare Fund to pay the plaintiff a retirement pension out of the fund.

The relevant facts as agreed to by the parties are as follows: In 1909 the plaintiff, Vincent Forrish, a miner in the anthracite coal industry in Pennsylvania, became a member of the United Mine Workers of America, District...

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