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LEWIS v. COOK

No. 18585.

409 F.2d 619 (1969)

John L. LEWIS, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America, Welfare and Retirement Fund, Plaintiffs-Appellants, v. Dewey COOK, Jr., individually, and trading as the Days Branch Darby Coal Company, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 10, 1969.

Attorney(s) appearing for the Case

Harold H. Bacon, Washington, D. C., Welly K. Hopkins, T. G. Dudley, Washington, D. C., H. B. Noble, Hazard, Ky., on brief, for appellants.

G. E. Reams, Harlan, Ky., for appellee.

Before O'SULLIVAN and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Plaintiffs-Appellants, Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950, appeal from dismissal of their action against defendant-appellee Dewey Cook, Jr., operator of the Days Branch Darby Coal Company. The District Judge held that "the matter in controversy" did not exceed "the sum or value of $10,000, exclusive of interest and costs," as required by 28 U.S.C. § 1332(a). Plaintiffs sought to recover from defendant...

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