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LEWIS v. LOWRY

No. 8298.

295 F.2d 197 (1961)

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, v. F. Arnold LOWRY, individually and trading as Lowry Coal Company, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 16, 1961.

Certiorari Denied January 22, 1962.

Attorney(s) appearing for the Case

Robert T. Winston, Jr., Norton, Va., and James S. Greene, Jr., Harlan, Ky. (Greear, Bowen, Mullins & Winston, Norton, Va., on the brief), for appellant.

Harold H. Bacon, Washington, D. C. (Val J. Mitch, Washington, D. C., T. G. Dudley, Annandale, Va., Clyde Y. Cridlin, Jonesville, Va., and M. E. Boiarsky, Charleston, W. Va., on the brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

Certiorari Denied January 22, 1962. See 82 S.Ct. 478.

HAYNSWORTH, Circuit Judge.

Summary judgment was entered for the plaintiffs in this suit by the Trustees for the Welfare and Retirement Fund of 1950 (United Mine Workers of America) against a mine operator for "royalty" payments at the rate of forty cents per ton of coal mined by the defendant.1 We think the summary judgment was inappropriate in the light of the factual issues...

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