LEWIS v. HIXSON

Civ. A. Nos. 1410-1413, 1420.

174 F.Supp. 241 (1959)

John L. LEWIS, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. William T. HIXSON and Gordon Hixson, individually and trading as Hixson Coal Co., a partnership, Defendants. John L. LEWIS, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. BOYD EXCELSIOR FUEL CO., Inc., a Corporation, Defendant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. HIXSON COAL CO., Inc., a Corporation, Defendant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. Ethel H. BLACKARD, Individually and Trading as the E. H. Blackard Coal Company, Defendant. John L. LEWIS, Josephine Roche and Henry G. Schmidt, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. JEWEL MINING COMPANY, Incorporated, a Corporation, Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

June 11, 1959.


Attorney(s) appearing for the Case

Wood & Smith, Little Rock, Ark., Val J. Mitch, Harold H. Bacon, Washington, D. C., for plaintiffs.

Robert J. White, Russellville, Ark., Ray Blair, Paris, Ark., for defendants Wm. T. Hixson, Gordon Hixson and Hixson Coal Co.

Harper, Harper, Young & Durden, Fort Smith, Ark., for defendant Boyd Excelsior Fuel Co.

Mark E. Woolsey, Ozark, Ark., for defendant Ethel H. Blackard and E. H. Blackard Coal Co.

Luke Arnett, Little Rock, Ark., for defendant Jewel Mining Co.


JOHN E. MILLER, Chief Judge.

The plaintiffs in all of the cases are Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950.

The defendants are coal operators, and during all times material herein were engaged in the operation of various coal mines in the Western District of Arkansas.

The amount in controversy in each case exceeds the sum of $3,000, exclusive of interest and costs. All the actions were commenced prior to...

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