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KOSTY v. LEWIS

No. 17229.

319 F.2d 744 (1963)

John KOSTY, Appellant, v. John L. LEWIS et al., Trustees, United Mine Workers of America Welfare and Retirement Fund of 1950, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 23, 1963.

Petition for Rehearing Denied July 9, 1963.

Petition for Rehearing Denied July 15, 1963.

Attorney(s) appearing for the Case

Mr. Louis Rabil, Washington, D. C., with whom Mr. Joseph M. Stone, Washington, D. C., was on the brief, for appellant.

Mr. Edward L. Carey, Washington, D. C., with whom Messrs. Val J. Mitch and Charles L. Widman, Washington, D. C., were on the brief, for appellees.

Before BAZELON, Chief Judge, and BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc July 9, 1963.

Petition for Rehearing by the Division Denied July 15, 1963.

McGOWAN, Circuit Judge.

A problem arising in the administration of the United Mine Workers of America Welfare and Retirement Fund of 1950 is the subject of this appeal. It is prosecuted by a member of the union who brought suit to compel the payment of a retirement pension which the Trustees of the Fund had denied him. After a trial...

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