HUGE v. OVERLY

Civ. A. No. 75-869.

445 F.Supp. 946 (1978)

Harry HUGE, C. W. Davis and Paul R. Dean, as Trustees of the United Mine Workers of America Health and Retirement Funds, Plaintiffs, v. Lawrence V. OVERLY, Individually, Defendant.

United States District Court, W. D. Pennsylvania.

February 16, 1978.


Attorney(s) appearing for the Case

Henry Gusky, Walter P. O'Connell, Plowman & Spiegel, Pittsburgh, Pa., for plaintiffs.

Scales & Shaw, Greensburg, Pa., for defendant.


OPINION

DUMBAULD, District Judge.

Plaintiffs, trustees of the United Mine Workers of America Health and Retirement Funds, hereinafter sometimes referred to as plaintiff or the trust fund, is a pension plan organized pursuant to 29 U.S.C. § 186(c)(5).

It is required by 29 U.S.C. § 186(c)(5) that the trust fund be used "for the sole and exclusive benefit of the employees" and by 29 U.S.C. § 186(c)(5)(B) that "the detailed basis on which...

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