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MEARNS v. LEWIS

No. 7856.

268 F.2d 427 (1959)

Harold A. MEARNS, Individually and doing business as Mearns Mining Company, Appellant, v. John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 26, 1959.

Attorney(s) appearing for the Case

Howard Caplan, Clarksburg, W. Va. (Stotler, McReynolds & Caplan, Clarksburg, W. Va., on the brief), for appellant.

Charles L. Widman and Harold H. Bacon, Washington, D. C. (Louis D. Meisel, Fairmont, W. Va., Val J. Mitch, Washington, D. C., and M. E. Boiarsky, Charleston, W. Va., on the brief), for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and THOMSEN, District Judge.

PER CURIAM.

Judgment for $28,083.33 was recovered against the appellant, Mearns, a small independent coal mine owner, by the appellees, Trustees of the United Mine Workers of America Welfare and Retirement Fund. The claim was for 40 cents per ton royalties on coal mined between January 1, 1954, and November 6, 1956, under the provisions of the National Bituminous Coal Wage Collective Bargaining Agreement of 1950 as amended September 29, 1952. See Sec. 302(c) of the...

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