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HORN v. MULLINS

No. 80-1735.

650 F.2d 35 (1981)

Norman L. HORN, Appellee, v. Julius MULLINS; John J. O'Connell; Paul R. Dean; United Mine Workers of America Health and Retirement Funds, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1981.

Attorney(s) appearing for the Case

E. Calvin Golumbic, Gen. Counsel, Washington, D. C. (William F. Hanrahan, Deputy Gen. Counsel, Jeanne K. Beck, Associate Counsel, Phillip T. Kimball, Associate Counsel, Washington, D. C., Stuart B. Campbell, Campbell, Young & Hodges, Wytheville, Va., on brief), for appellants.

Matthew J. Cody, Jr., Lebanan, Va., for appellee.

Before BRYAN, Senior Circuit Judge, and HALL and PHILLIPS, Circuit Judges.

K. K. HALL, Circuit Judge:

The trustees of the United Mine Workers Health and Retirement Funds (UMW Trust) appeal from a decision of the district court, 498 F.Supp. 1197, awarding a disability pension to Norman L. Horn. The court granted Horn's motion for summary judgment, finding that he was disabled as a result of a mining accident and therefore entitled to the pension. We affirm.

The UMW Trust provides that a miner...

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