LAMB v. CAREY

Nos. 73-1513, 73-1514.

498 F.2d 789 (1974)

Newman A. LAMB v. Edward L. CAREY, Appellant, C. W. Davis, and Paul R. Dean, Trustees, United Mine Workers of America Welfare & Retirement Fund. Willie Ray BLANKENSHIP et al., v. W. A. (Tony) BOYLE et al., and Edward L. Carey, Individually and in their capacities as president, vice president and general counsel, respectively, of the United Mine Workers of America, Appellants, The United Mine Workers of America et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1974.


Attorney(s) appearing for the Case

Ross O'Donoghue, Washington, D. C., with whom George A. Fisher, Washington, D. C., was on the brief, for appellant Carey, etc., in Nos. 73-1513 and 73-1514.

Joseph A. Yablonski, Washington, D. C., with whom Daniel B. Edelman, Washington, D. C., and Lewis D. Sargentich, Washington, D. C., were on the brief, for appellee, United Mine Workers of America.

Fred M. Vinson Jr. and Michael P. Bentzen, Washington, D. C., entered appearances for appellee United Mine Workers of America and Retirement Fund.

Before TAMM and ROBINSON, Circuit Judges, and GEORGE L. HART, Jr., Chief Judge, United States District Court for the District of Columbia.


HART, Chief District Judge:

In June of 1971 appellant, Edward L. Carey, was named a Trustee of the United Mine Workers of America Welfare and Retirement Fund of 1950 (hereinafter the "Fund") to fill the unexpired term of W. A. Boyle who had been removed pursuant to an Order entered in the case of Blankenship v. Boyle, 329 F.Supp. 1089 (D.D.C.1971). By the terms of the National Bituminous...

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