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LEWIS v. BARNES CONTRACTING COMPANY

Civ. A. No. 591-F.

179 F.Supp. 673 (1959)

John L. LEWIS, Henry G. Schmidt, and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Plaintiffs, v. BARNES CONTRACTING COMPANY, a corporation, Defendant.

United States District Court N. D. West Virginia, at Fairmont.

December 29, 1959.

Attorney(s) appearing for the Case

Louis D. Meisel, Fairmont, W. Va., and Val J. Mitch, Harold H. Bacon and John H. McManus, Washington, D. C., for plaintiffs.

Russell L. Furbee, Furbee & Hardesty, Fairmont, W. Va., for defendant.

HARRY E. WATKINS, Chief Judge.

This is an action by the trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 seeking 40¢ per ton royalties on coal mined from certain tracts by defendant during the period beginning May 20, 1954, and ending January 31, 1959. Defendant is a general contractor who is also engaged in the mining of coal. The action arises under a provision of the National Bituminous Coal Wage Agreement of 1950 as amended...

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