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.
Slimp KISER, on behalf of himself and all others similarly situated, et al.,
v.
Harry HUGE et al., and United Mine Workers of America Welfare and Retirement Fund of 1950, Appellants.
Slimp KISER, on behalf of himself and all other persons who have been denied pension payments from the United Mine Workers of America Welfare and Retirement Fund, et al., Appellants,
v.
W. A. BOYLE et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
February 12, 1975.
February 12, 1975.
Attorney(s) appearing for the Case
Harry Huge and Fred M. Vinson, Jr., Washington, D. C., for appellants in all cases. Michael P. Bentzen, Joseph McFadden, Ian D. Lanoff, Monica Gallagher, Joseph A. Rafferty, Jr., Washington, D. C., and M. E. Boiarsky, Charleston, W. Va., were on the brief for appellants in Nos. 73-1270 and 73-1393. Walter P. O'Connell, Washington, D. C., also entered an appearance for appellants in No. 73-1270.
Louis Rabil, Washington, D. C., with whom Manfred J. Schmidt and Edward J. Gorman, Jr., Washington, D. C., were on the brief for appellees in No. 73-1270.
J. Michael Farrell, Washington, D. C., with whom Daniel L. O'Connor, Washington, D. C., was on the brief for appellees in No. 73-1393.
Julian H. Singman and Martin Shulman, Washington, D. C., were on the brief for intervenor/appellees Belton, Duvall and Lawson in No. 73-1270 and also entered appearances for appellants Adkins, Hensley and Madden in No. 73-2197.
Joseph A. Yablonski, Clarice R. Feldman, Washington, D. C., Lewis D. Sargentich, Cambridge, Mass., Daniel B. Edelman and Steven B. Jacobson, Washington, D. C., filed a brief on behalf of United Mine Workers of America as amicus curiae on the Matter of Attorneys' Fees.
Guy Farmer and William A. Gershuny, Washington, D. C., filed a brief on behalf of Bituminous Coal Operators' Association Inc. as amicus curiae in Nos. 73-1270 and 73-1393.
Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.
United States Court of Appeals, District of Columbia Circuit.
LEVENTHAL, Circuit Judge:
These class actions are the latest, and hopefully the last, in a series of cases challenging the validity of the "signatory last employment" provision limiting eligibility for the flat retirement pension provided by the United Mine Workers of America Welfare and Retirement Fund of 1950 (the Fund).1 Plaintiff classes consist of miners whose applications for retirement benefits were denied. The Pete class consists...
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