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LEWIS v. QUALITY COAL CORPORATION

No. 11921.

243 F.2d 769 (1957)

John L. LEWIS, Charles A. Owen and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Plaintiffs-Appellees, v. QUALITY COAL CORPORATION, a Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 23, 1957.

Attorney(s) appearing for the Case

William L. P. Burke, Chicago, Ill., Frank J. McAdam, Jr., Chicago, Ill., for appellant.

Harold H. Bacon, Washington, D. C., Louis D. Nattkemper, Terre Haute, Ind., Dewey & Nattkemper, Terre Haute, Ind., Val J. Mitch, Washington, D. C., M. E. Boiarsky, Charleston, W. Va., for appellees.

Before LINDLEY, SWAIM and SCHNACKENBERG, Circuit Judges.

LINDLEY, Circuit Judge.

On October 31, 1955, plaintiffs, as trustees of the United Mine Workers of America Welfare and Retirement Fund, brought suit in the district court to recover from defendant, a coal mining operator, so-called royalties claimed to be due on coal mined by the operator. In due course, defendant filed a motion to dismiss on the ground that the complaint failed to state a claim upon which relief could be had, and plaintiffs moved for summary judgment...

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