ROARK v. LEWIS

Nos. 21208-21210.

401 F.2d 425 (1968)

Taylor ROARK, Appellant, v. John L. LEWIS et al., Appellees. Maude W. REESE, Executrix of the Last Will and Testament of Joe S. Rees(e), Appellant, v. John L. LEWIS et al., Appellees. Theo R. FULLER, Appellant, v. John L. LEWIS et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 21, 1968.

Petition for Rehearing Denied October 10, 1968.


Attorney(s) appearing for the Case

Mr. Julian H. Singman, Washington, D. C., with whom Mr. Orlin L. Livdahl, Jr., Washington, D. C., was on the brief, for appellants.

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 BAZELON, Chief Judge, and BURGER and TAMM, Circuit Judges.


TAMM, Circuit Judge:

The three appellants are retired coal miners. They applied to the appellees, trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, for pensions. When their applications were denied, they filed suit in the District Court seeking damages, an order compelling their enrollment as beneficiaries of the Fund and injunctive relief. Cross motions for summary judgment were made, appellees' motion was granted and this appeal...

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