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WEBSTER CTY. MEM. HOSP. v. UNITED MINE WKRS., ETC.

No. 75-1915.

536 F.2d 419 (1976)

WEBSTER COUNTY MEMORIAL HOSPITAL, INCORPORATED, Appellant, v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950 et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Daniel V. S. McEvily, Washington, D. C., with whom George E. Hamilton, III, Washington, D. C., was on the brief for appellant.

Stephen J. Pollak, Washington, D. C., with whom Ralph J. Moore, Jr. and Franklin D. Kramer, Washington, D. C., were on the brief for appellees.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge and CHRISTENSEN, United States Senior District Judge for the District of Utah.

PER CURIAM:

Webster County Memorial Hospital, a nonprofit hospital located in Webster Springs, West Virginia, brought this private antitrust action against the United Mine Workers of America Welfare and Retirement Fund of 1950 and its trustees. The Fund is an irrevocable trust established jointly by the mine operators and the union pursuant to § 302(c)(5) of the Taft-Hartley Act, 29 U.S.C. § 186(c)(5) (1970), which provides medical and hospital care to miners...

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