ODOM v. UNITED MINE WORKERS OF AMERICA, ETC.

No. 81-5364.

687 F.2d 843 (1982)

Lonnie W. ODOM, Sr., Plaintiff-Appellant, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUNDS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1982.


Attorney(s) appearing for the Case

Sidney H. Hulette, Ruark & Hulette, Morganfield, Ky., for plaintiff-appellant.

Charles L. Lamar, Lovett, Lamar & Hutchinson, Owensboro, Ky., E. Calvin Golumbic, Phillips T. Kimball, UMWA Health & Retirement Funds, William F. Hanrahan, Washington, D. C., for defendant-appellee.

Before KEITH and KRUPANSKY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PHILLIPS, Senior Circuit Judge.

This is an appeal from a summary judgment in favor of the defendant, UMWA Health & Retirement Funds. The trustees of the funds denied the application of appellant for disability pension benefits. The district judge granted summary judgment on the ground that the decision of the trustees was not arbitrary, capricious or unsupported by substantial evidence.

In his application for permanent disability benefits, filed in August...

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