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LEWIS v. SEANOR COAL COMPANY

No. 16161.

382 F.2d 437 (1967)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, v. SEANOR COAL COMPANY, a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided August 16, 1967.

Rehearing Denied September 28, 1967.

Attorney(s) appearing for the Case

James Q. Harty, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Norman William Smith, Jr., Pittsburgh, Pa., on the brief), for appellant.

Harold H. Bacon, United Mine Workers of America, Welfare and Retirement Fund, Washington, D. C. (Welly K. Hopkins, Washington, D. C., and Kenneth J. Yablonski, Washington, Pa., on the brief), for appellees.

Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

The trustees of The United Mine Workers of America Welfare and Retirement Fund of 1950 brought this action against Seanor Coal Company, the appellant, for royalty payments of forty cents per ton as fixed by the National Bituminous Coal Wage Agreement as amended in 1964, on coal produced by the company between February 1 and June 30, 1965. They claimed also the balance on a promissory note which they alleged was...

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