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RITTENBERRY v. LEWIS

No. 15654.

333 F.2d 573 (1964)

Charlie RITTENBERRY, Plaintiff-Appellee, v. John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

June 19, 1964.

Attorney(s) appearing for the Case

Charles L. Widman, Washington, D. C., for appellants, R. R. Kramer, E. H. Rayson, Knoxville, Tenn., Val J. Mitch, Harold H. Bacon, Washington, D. C., on the brief.

Harold H. Gearinger, Chattanooga, Tenn., for appellee, Moore, Gearinger & Swafford, Chattanooga, Tenn., on the brief.

Before CECIL and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Appellee brought suit against the trustees of the United Mine Workers of America Welfare and Retirement Fund. This fund was created by the Trust Indenture contained in the National Bituminous Coal Wage Agreement of 1950, pursuant to authority in the Labor Management Relations Act of 1947 (29 U.S. C. § 186(c)). The suit seeks to establish that appellee is a fund beneficiary and entitled to a pension.

Service of process was effected in each...

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