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LEWIS v. LOWRY

No. 8765.

322 F.2d 453 (1963)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Appellants, v. F. Arnold LOWRY, individually, and trading as Lowry Coal Company, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 17, 1963.

Attorney(s) appearing for the Case

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

Robert T. Winston, Jr., Norton, Va., and James S. Greene, Jr., Harlan, Ky., for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH, BOREMAN, BRYAN and BELL, Circuit Judges, sitting en banc.

ALBERT V. BRYAN, Circuit Judge.

The trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 sued F. Arnold Lowry, a coal operator, to recover payments due the Fund as so-called royalties under the provisions of the National Bituminous Coal Wage Agreement of 1950, as amended in 1952, 1955 and 1956. From an adverse verdict, on which the District Court entered judgment, the Fund appeals and, we think, must prevail.

The Agreement was...

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