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HALL v. MULLINS

No. 78-3313.

621 F.2d 253 (1980)

Orville HALL, Plaintiff-Appellant, v. Julius MULLINS; Kenneth L. Houck; and Paul R. Dean, Constituting the Board of Trustees of the United Mine Workers of America Health and Retirement Funds, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Robert J. Greene, Greene & Belhasen, Paintsville, Ky., for plaintiff-appellant.

Laura Bowers Vandergaw, Appalachian Research & Defense Fund of Kentucky, Inc., Prestonsburg, Ky., for amicus curiae Ball, et al.

Ian D. Lanoff, Robert D. Nesler, Norman P. Goldberg, United Mine Workers of America Health & Retirement Funds, William F. Hanrahan, Washington, D.C., Edwin H. Rayson, Kramer, Johnson, Rayson, McVeigh & Leake, Knoxville, Tenn., Bruce A. Levy, Todd, Smith & Levy, Pikeville, Ky., for defendants-appellees.

Before LIVELY, KEITH and BROWN, Circuit Judges.

PER CURIAM.

The plaintiff appeals from judgment of the district court dismissing his declaratory judgment action in which he sought a declaration from the district court that he is eligible and entitled to receive benefits from the Board of Trustees of the United Mine Workers of America Health and Retirement Fund and an order directing the defendants to pay benefits to him. The matter was referred to the United States Magistrate on a stipulation of the parties and...

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