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THOMAS v. READING ANTHRACITE COMPANY

Civ. No. 9267.

264 F.Supp. 339 (1966)

Emmett THOMAS, Mart F. Brennan, and John D. Jillson, Trustees of the Anthracite Health and Welfare Fund, Plaintiffs, v. READING ANTHRACITE COMPANY, Defendant.

United States District Court M. D. Pennsylvania.

December 30, 1966.

Attorney(s) appearing for the Case

Charles A. Shea, Jr., Wilkes-Barre, Pa., Charles A. Wolfe, Thomas N. O'Neill, Jr., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for plaintiffs.

Anthony J. Urban, Joseph Holochuck, Pottsville, Pa., for defendant.

MEMORANDUM

NEALON, District Judge.

Plaintiffs, Trustees of the Anthracite Health and Welfare Fund, brought suit under Section 301(a) of the Labor-Management Relations Act of 1947, 29 U.S.C. § 185, to collect payments of royalties allegedly owed them by defendant, Reading Anthracite Company, under the terms of the Anthracite Wage Agreements of February 1, 1959, and September 1, 1964.

Defendant has filed a motion under Rule 12(b) in which it seeks...

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