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TESTON v. CAREY

No. 24959.

464 F.2d 765 (1972)

Alfred J. TESTON v. Edward L. CAREY et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1972.

Attorney(s) appearing for the Case

Mr. Harold H. Bacon, Washington, D. C., for appellants. Messrs. Welly K. Hopkins and Joseph T. McFadden, Washington, D. C., were on the brief for appellants.

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

Before LEVENTHAL and WILKEY, Circuit Judges, and RONALD N. DAVIES, U.S. Senior District Judge for the District of North Dakota.

WILKEY, Circuit Judge:

This is a declaratory judgment action brought by Teston, appellee here, to compel favorable action on his pension application by the Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950.

I.

The applicant claims to have labored 39 years in the mining industry as a coal loader, mostly as an employee of companies contributory to the Fund, in some years as...

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