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GAYDOSH v. LEWIS

No. 21760.

410 F.2d 262 (1969)

Mike GAYDOSH, Jr., Administrator of the Estate of Mike Gaydosh, Appellant, v. John L. LEWIS et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 7, 1969.

Attorney(s) appearing for the Case

Mr. Louis Rabil, Raleigh, N. C., with whom Messrs. Michael J. Rabil and Edward J. Gorman, Jr., Washington, D. C., were on the brief, for appellant.

Mr. Charles L. Widman, Washington, D. C., with whom Messrs. Welly K. Hopkins and Joseph T. McFadden, Washington, D. C., were on the brief, for appellees.

Before DANAHER, TAMM and LEVENTHAL, Circuit Judges.

TAMM, Circuit Judge:

Once again we are faced with the difficult question of determining the validity of certain pension eligibility requirements under the United Mine Workers of America Welfare and Retirement Fund of 1950 (hereinafter "Trust" or "Fund"). This is an appeal from a grant of summary judgment in favor of the appellees-trustees by the district court and in this posture poses the narrow issue of whether the action of the appellees, in denying appellant's...

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