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LYNCH v. DAWSON COLLIERIES, INC.

485 S.W.2d 494 (1972)

Paul W. LYNCH et al., Appellants, v. DAWSON COLLIERIES, INC., et al., Appellees.

Court of Appeals of Kentucky.

September 22, 1972.

Attorney(s) appearing for the Case

Milburn C. Keith, Keith & Kirkham, Hopkinsville, D. Paul Alagia, Jr., Brown, Miller, Alagia & Senn, Louisville, for appellants.

William D. Becker, Louisville, Earle M. Nichols, Nichols, Nichols & Adams, Madisonville, for appellee, Dawson Collieries, Inc. J. David Grissom, Edwin H. Perry, Greenebaum, Grissom, Doll, Matthews & Boone, Louisville, for appellee The Kentucky Trust Co.

CULLEN, Commissioner.

In 1966, Dawson Collieries, Inc., ceased doing business and a pension plan which it was carrying for its employes was terminated. According to the terms of the pension plan the benefits to which each employe was entitled upon termination of the plan were calculated, paid to the employe, and accepted by him in full satisfaction of his rights. After these payments were made there remained in the fund a balance of slightly more than $100,000. The...

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