KISER v. CAREY

Civ. A. Nos. 2088-71, 2599-70.

353 F.Supp. 736 (1973)

Slimp KISER, on behalf of himself and all other similarly situated plaintiffs, Plaintiff, v. Edward L. CAREY et al., Defendants. Edwin Wallace MOORE, Plaintiff, and James L. Walker and Estill Smith, Intervening Plaintiffs, v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950 et al., Defendants.

United States District Court, District of Columbia.

January 19, 1973.


Attorney(s) appearing for the Case

Daniel L. O'Connor, J. Michael Farrell, Washington, D. C., for the Class in Civ. A. No. 2599-70.

Julian H. Singman, Washington, D. C., for intervenor-plaintiffs in Civ. A. No. 2599-70.

Louis Rabil, Washington, D. C., for plaintiff and intervenor-plaintiffs in Civ. A. No. 2088-71.

Harold H. Bacon, Joseph A. Rafferty, Jr., Washington, D. C., for defendants.


MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

These actions came before the Court for hearing on the plaintiffs' motions for summary judgment, both cases having been consolidated for trial.1 The plaintiffs are all pension claimants of the United Mine Workers of America Welfare and Retirement Fund of 1950 who retired after February 1, 1965.2 They were denied their claims on the sole ground...

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