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MESTAS v. HUGE

No. 77-1225.

585 F.2d 450 (1978)

Albert H. MESTAS, Plaintiff-Appellant, v. Harry HUGE, C. W. Davis, Paul R. Dean in their capacity as Trustees for the United Mine Workers of America Welfare and Retirement Fund, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 16, 1978.

Attorney(s) appearing for the Case

Maurice G. Knaizer, Denver, Colo. (Jeffrey C. Bluth, Denver, Colo., on brief), of the Legal Aid Society of Metropolitan Denver, Inc., for plaintiff-appellant.

Bruce D. Pringle, Denver, Colo. (James A. Clark of Clark, Martin & Pringle, Denver, Colo., on brief), for defendants-appellees.

Before McWILLIAMS and BARRETT, Circuit Judges, and COOK, District Judge.

McWILLIAMS, Circuit Judge.

Albert H. Mestas, a retired coal miner, applied for a retirement pension from the United Mine Workers of America Welfare and Retirement Fund. Mestas' application was denied by the trustees of the Fund because Mestas did not meet one of the eligibility requirements, namely, that a miner must complete 20 years of classified service in the coal industry in the United States in order to be eligible for a retirement pension. Mestas had only 17...

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