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CARLONE v. UNITED MINE WKRS. OF AMERICA, ETC.

No. 13859.

242 S.E.2d 454 (1978)

Alphonse CARLONE v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND et al., etc.

Supreme Court of Appeals of West Virginia.

March 21, 1978.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, John H. Tinney and Cynthia L. Turco, Charleston, for appellants.

Frank V. Sansalone, Brent E. Beveridge, Fairmont, for appellee.

MILLER, Justice:

This appeal involves the right of a retired coal miner to obtain pension benefits from the United Mine Workers of America Welfare and Retirement Fund of 1950. The trial court held in favor of Mr. Carlone, finding that the Trustees of the Fund had acted in an arbitrary and capricious manner in denying his application for pension benefits.

A brief historical background of the Fund is necessary for...

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