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ASSALONE v. CAREY

No. 71-1878.

473 F.2d 199 (1972)

Joseph ASSALONE, Sr., Appellant, v. Edward L. CAREY et al. Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950.

United States Court of Appeals, District of Columbia Circuit.

December 28, 1972.

Attorney(s) appearing for the Case

Mr. Robert C. Handwerk, Washington, D. C., was on the brief for appellant.

Messrs. Harold H. Bacon, Joseph T. McFadden and Joseph A. Rafferty, Jr., Washington, D. C., were on the brief for appellees.

Before McGOWAN, MacKINNON and ROBB, Circuit Judges.

MacKINNON, Circuit Judge:

This is a proceeding under the Declaratory Judgment Act, 28 U.S.C. § 2201 (1970). Appellant Assalone, a resident of Pennsylvania, sues the trustees of the Welfare and Retirement Fund of 1950, United Mine Workers of America, claiming that his application for a pension from that Fund was wrongfully denied and in the alternative that he should be paid the sum of $29,300, same being the monies paid into the Welfare and Retirement Fund because...

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