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LEWIS v. MEARS

No. 13502.

297 F.2d 101 (1961)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund, Appellants, v. Edward MEARS, Individually and Trading as Mears Coal Company.

United States Court of Appeals Third Circuit.

Decided October 11, 1961.

Rehearing Denied January 4, 1962.

Attorney(s) appearing for the Case

Charles L. Widman, Washington, D. C. (Val J. Mitch, Harold H. Bacon, Washington, D. C., Alexander Unkovic, William G. Boyle, Kountz, Fry & Meyer, Pittsburgh, Pa., M. E. Boiarsky, Charleston, W. Va., on the brief), for appellants.

J. Lee Miller, Pittsburgh, Pa. (Harvey A. Miller, Jr., Miller & Miller, Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

The plaintiffs, having suffered judgment against them below on a jury's verdict and their motions for a directed verdict and/or a new trial having been denied,1 have brought this appeal raising these issues:

(1) Did the trial judge err in permitting parol evidence to the effect that a Wage Agreement allegedly entered into between the defendant and the United Mine Workers of America ("Union") which required...

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