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NEDD v. UNITED MINE WORKERS OF AMERICA

No. 76-1978.

556 F.2d 190 (1977)

Charles NEDD, Dominic Iero, Max Dynoski and Anthony Ganly, Members of the Pensioned Anthracite Coal Miners Protest Executive Committee, suing on behalf of themselves and all other members of the Class of Pensioned Anthracite Coal Miners and Widows of Deceased Pensioned Anthracite Coal Miners, Appellants, and Emmett Thomas, Mart F. Brennan, and John Jillson, Trustees of the Anthracite Health and Welfare Fund v. UNITED MINE WORKERS OF AMERICA, an unincorporated Trade Union Association, Emmett Thomas, Nicholas J. Haydock and John D. Jillson, Trustees of the Anthracite Health and Welfare Fund, Joseph Fauzio, Frank J. Galgay, (Added as Trustees of Anthracite Health and Welfare Fund, per D.C. order of 7/3/74).

United States Court of Appeals, Third Circuit.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Thomas M. Kittredge, Philadelphia, Pa., James S. Palermo, Hazleton, Pa., John R. McConnell, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellants.

Thomas N. O'Neill, Jr., Carol A. Mager, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., Daniel B. Edelman, Yablonski, Both & Edelman, Washington, D. C., for United Mine Workers; Harrison Combs, United Mine Workers of America, Washington, D. C., of counsel.

Before FORMAN, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal concerns the right of pensioned coal miners to obtain relief for the failure of their pension fund trustees and their union to enforce anthracite coal mine operators' contractual obligations to pay a tonnage royalty to the Anthracite Health and Welfare Fund ("The Fund"). It has been litigated in the federal courts for fourteen years. There has been other, related litigation, seeking the same object...

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