MILLER v. DAVIS

Nos. 73-2009 to 73-2012.

507 F.2d 308 (1974)

Stafford MILLER, Plaintiff-Appellant, v. C. W. DAVIS et al., Defendants-Appellees. Estill HALL, Plaintiff-Appellant, v. C. W. DAVIS et al., Defendants-Appellees. Clay D. SELLERS, Plaintiff-Appellant, v. C. W. DAVIS et al., Defendants-Appellees. Herbert BARGER, Floyd White, and all other persons similiarly affected, Plaintiffs-Appellants, v. C. W. DAVIS et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

November 26, 1974.


Attorney(s) appearing for the Case

John W. Collis, Anggelis & Vimont, Lexington, Ky., for plaintiffs-appellants.

H. B. Noble, Hazard, Ky., Joseph T. McFadden, Washington, D. C., M. E. Boiarsky, Charleston, W. Va., for defendants-appellees.

Before CELEBREZZE and McCREE, Circuit Judges, and WALINSKI, District Judge.


CELEBREZZE, Circuit Judge.

The question in these consolidated appeals is whether a federal court sitting in Kentucky has subject-matter jurisdiction over suits by Kentucky residents for pension benefits allegedly wrongfully withheld by the Trustees of the United Mine Workers of America Welfare and Retirement Fund (hereafter "the Fund"). The District Court dismissed the complaints on the ground that Kentucky law would not permit them to be brought in a Kentucky state...

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