PETE v. UNITED MINE WKRS. OF AM. WELF. & R.F. OF 1950

No. 73-1270.

517 F.2d 1267 (1974)

Stephen PETE, on behalf of himself and all others similarly situated, Appellees, Louis Belton et al., Plaintiff/Intervenor-Appellees, v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950 et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1974.


Attorney(s) appearing for the Case

Fred M. Vinson, Jr., Washington, D. C., with whom Michael P. Bentzen, Joseph A. Rafferty, Jr., Joseph T. McFadden, Washington, D. C., and M. E. Boiarsky, Charleston, W. Va., were on the brief, for appellants.

Julian H. Singman, Washington, D. C., with whom Martin Shulman, Washington, D. C., was on the brief, for plaintiff/intervenor-appellees.

Louis Rabil, Washington, D. C., with whom Manfred J. Schmidt and Edward J. Gorman, Jr., Washington, D. C., were on the brief, for appellees Pete, et al.

Before EDWARDS, United States Circuit Judge for the Sixth Circuit, and TAMM and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

The material facts and controlling legal principles in this class action suit are essentially the same as those in Kiser v. Huge, 170 U.S.App.D.C. ___, 517 F.2d 1237, No. 73-1393, decided this day. Therefore, this opinion will be limited to a discussion of only those facts and issues that have not been fully treated in the Kiser opinion.

The class in this case consists of all former mine workers...

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