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NEDD v. THOMAS

Civ. No. 8796.

316 F.Supp. 74 (1970)

Charles NEDD, Dominic Iero, Max Dynoski and Anthony Ganly, Members of the Pensioned Anthracite Coal Miners Protest Executive Committee, Suing on Behalf of Themselves and All Other Members of the Class of Pensioned Anthracite Coal Miners and Widows of Deceased Pensioned Anthracite Coal Miners, Plaintiffs, v. Emmett THOMAS, Nicholas J. Haydock and John D. Jillson, Trustees of the Anthracite Health and Welfare Fund, Defendants, and United Mine Workers of America, an unincorporated Trade Union Association, Defendant.

United States District Court, M. D. Pennsylvania.

June 30, 1970.

Attorney(s) appearing for the Case

James S. Palermo, Hazleton, Pa., Morgan, Lewis & Bockius, Philadelphia, Pa., for plaintiffs.

Charles A. Shea, Jr., A. Richard Caputo, Wilkes-Barre, Pa., for defendants, Thomas and others.

Charles A. Wolfe, Thomas N. O'Neill, Jr., Philadephia, Pa., James W. Scanlon, Scranton, Pa., Edward L. Carey, Washington, D. C., for defendant, United Mine Workers of America.

MEMORANDUM

NEALON, District Judge.

In their latest motion, defendants, United Mine Workers and Trustees of the Anthracite Health and Welfare Fund, have moved, pursuant to Fed.R. Civ.P. 39(a) (2), to strike the plaintiff Pensioned Miners' demand for a jury trial.

The Union's principal contention is that this lawsuit is essentially an equitable one unknown to the common law; likewise, the Trustees maintain that the cause of action attempted to be asserted...

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