No. 48.

381 U.S. 657 (1965)


Supreme Court of United States.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Harrison Combs argued the cause for petitioner. With him on the briefs were E. H. Rayson, R. R. Kramer and M. E. Boiarsky.

John A. Rowntree argued the cause and filed briefs for respondents.

Theodore J. St. Antoine argued the cause for the American Federation of Labor and Congress of Industrial Organizations, as amicus curiae, urging reversal. With him on the brief were J. Albert Woll, Robert C. Mayer and Thomas E. Harris.

Guy Farmer filed a brief for the Bituminous Coal Operators' Association, as amicus curiae, urging reversal.

MR. JUSTICE WHITE delivered the opinion of the Court.

This action began as a suit by the trustees of the United Mine Workers of America Welfare and Retirement Fund against the respondents, individually and as owners of Phillips Brothers Coal Company, a partnership, seeking to recover some $55,000 in royalty payments alleged to be due and payable under the trust provisions of the National Bituminous Coal Wage Agreement of 1950, as amended, September 29, 1952, executed...

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