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PAVLOVSCAK v. LEWIS

No. 12835.

274 F.2d 523 (1959)

John A. PAVLOVSCAK, Appellee v. John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Appellants.

United States Court of Appeals Third Circuit.

Decided September 18, 1959.

On Petition for Rehearing February 10, 1960.

Attorney(s) appearing for the Case

Alexander Unkovic, Pittsburgh, Pa. (A. E. Kountz, Kountz, Fry & Meyer, Pittsburgh, Pa., on the brief), for appellants.

Jerome M. Libenson, Pittsburgh, Pa., for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

In this case a retired coal miner seeks to establish his right to a pension to be paid by the United Mine Workers of America Welfare and Retirement Fund, as established by an agreement between certain coal operators and the United Mine Workers under sanction of Section 302 of the Labor-Management Relations Act of 1947. 61 Stat. 157, 29 U.S.C.A. § 186(c). To this end he has sued "John L. Lewis, Henry G. Schmidt and Josephine Roche, as Trustees...

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