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LAUCK v. INTERNATIONAL UNION, ETC.

No. 80-1539.

655 F.2d 423 (1981)

Mary LAUCK v. INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA PENSION TRUST, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1981.

Attorney(s) appearing for the Case

William P. Owens, Washington, D. C., with whom Harrison Combs, Washington, D. C., was on the brief for appellant.

Charles Krikawa, IV, Washington, D. C., for appellee. Robert Cadeaux, Washington, D. C., was on the brief for appellee.

M. Carr Ferguson, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Michael L. Paup, Gary Allen, and Jo-Ann Horn, Attys., Dept. of Justice, Washington, D. C., were on the brief for amicus curiae urging reversal.

Before McGOWAN and ROBB, Circuit Judges, and JAMESON, Senior District Judge for the District of Montana.

Opinion for the Court filed by Senior District Judge JAMESON.

JAMESON, Senior District Judge:

International Union, United Mine Workers of America (UMWA) Pension Trust has appealed from a summary judgment in favor of plaintiff, Mary Lauck, holding that she is entitled to survivor's benefits from her deceased husband's pension. The District Court held that plaintiff's husband, Rex Lauck, was an "active participant" in the UMWA Pension Plan after January 1, 1976...

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