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MINIARD v. LEWIS

No. 20820.

387 F.2d 864 (1967)

Walter MINIARD, 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 December 19, 1967.

Petition for Rehearing Denied January 26, 1968.

Attorney(s) appearing for the Case

Mr. Orlin L. Livdahl, Jr., with whom Mr. Julian H. Singman, Washington, D. C., was on the brief, for appellant. Mr. B. Michael Rauh, Washington, D. C., also entered an appearance for appellant.

Mr. Harold H. Bacon, Washington, D. C. with whom Messrs. Welly K. Hopkins and Joseph T. McFadden, Washington, D. C., were on the brief, for appellees.

Before EDGERTON, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

PER CURIAM:

Appellant Miniard worked in the coal industry continuously from December 1926 until he retired in February 1959, with the exception of one intervening eight year period. That intervening period was from 1944 until 1952 when he was employed as a life insurance salesman. After his retirement and on the basis of that employment record, Miniard applied to the trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950

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