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FENTRESS COAL & COKE COMPANY v. LEWIS

No. 13612.

264 F.2d 134 (1959)

FENTRESS COAL & COKE COMPANY, Inc., Appellant, v. John L. LEWIS, Charles A. Owen and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Appellees.

United States Court of Appeals Sixth Circuit.

March 9, 1959.

Attorney(s) appearing for the Case

Maclin P. Davis, Jr., and D. L. Lansden, of Waller, Davis & Lansden, Nashville, Tenn., for appellant.

R. R. Kramer, Knoxville, Tenn. (Val J. Mitch, Harold H. Bacon, Charles L. Widman, Washington, D. C., E. H. Rayson, Knoxville, Tenn., on the brief; Kramer, Dye, McNabb & Greenwood, Knoxville, Tenn., of counsel) for appellees.

Before ALLEN, Circuit Judge, and MATHES and Chief Judge SHELBOURNE, District Judges.

PER CURIAM.

This is an action brought by the trustees of a welfare fund created under a national collective bargaining agreement executed in 1950 between numerous coal operators and associations throughout the United States and the United Mine Workers of America, pursuant to Section 302(c) (5) of the Labor Management Relations Act of 1947, 29 U.S.C., Section 186(c) (5), 29 U.S.C.A. § 186 (c) (5). The action was instituted in the United States District Court for...

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