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MORGAN v. MULLINS

No. 80-1310.

643 F.2d 1320 (1981)

Beavlee MORGAN, Appellee, v. Julius MULLINS, Trustee; Paul R. Dean, Trustee; Kenneth Houck, Trustee; and the United Mine Workers of America Health and Retirement Funds, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1981.

Attorney(s) appearing for the Case

J. Michael Cogbill, Shaw & Ledbetter, Fort Smith, Ark. E. Calvin Golumbic, Gen. Counsel (argued), Willaim F. Hanrahan, Deputy Gen. Counsel, Jeanne K. Beck, Associate Counsel, U.M.W.A. Health & Retirement Funds, Washington, D. C., for appellants.

Gregory G. Smith, Pryor, Robinson, Taylor & Barry, Fort Smith, Ark., for appellee.

Before LAY, Chief Judge, and BRIGHT and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The Trustees of the United Mine Workers of America Health and Retirement Funds (Trustees) appeal from the summary judgment entered by the district court1 in favor of appellee Beavlee Morgan. The Trustees denied Morgan credit for the time he received Black Lung benefits on the grounds that Morgan's only employment after April 1, 1971, had not been for a signatory employer. The district court held the Trustees...

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