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LAVELLA v. BOYLE

No. 24293.

444 F.2d 910 (1971)

Thomas LAVELLA, Appellant, v. W. A. BOYLE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1971.

Attorney(s) appearing for the Case

Mr. Robert C. Handwerk, Washington, D. C., for appellant.

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 WRIGHT, MacKINNON and WILKEY, Circuit Judges.

PER CURIAM:

This is an appeal from the District Court grant of a summary judgment for the appellee Trustees of the United Mine Workers of America Welfare and Retirement Fund (1950).1 Appellant is a retired coal miner who filed an application for pension fund benefits 13 March 1967. The Trustees denied the application on the ground that "appellant has not established proof of twenty (20) years' classified service in the coal industry within...

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