KOLATA v. UNITED MINE WORKERS OF AMERICA, ETC.

Civ. A. No. 80-3277.

533 F.Supp. 313 (1982)

John KOLATA; Marvin Welch; Leon Marcum; Earl Barker; William Maynard; and Paul Riffe, individually and on behalf of all others similarly situated; Plaintiffs, v. UNITED MINE WORKERS OF AMERICA 1974 PENSION TRUST; John J. O'Connell; Harrison Combs; and Paul R. Dean, Trustees of the United Mine Workers of America Pension Trust; Defendants.

United States District Court, S. D. West Virginia, Huntington Division.

February 19, 1982.


Attorney(s) appearing for the Case

James M. Cagle, Larry Harless, Charleston, W. Va., for plaintiffs.

Cindy Turko, Charleston, W. Va., E. Calvin Golumbic, William Hanrahan, Jeanne K. Beck, Washington, D. C., for defendants.


MEMORANDUM OPINION AND ORDER

STAKER, District Judge.

Presently before the court is the defendants' motion for summary judgment. The named plaintiffs herein seek to prosecute this action in their own behalf and as a class action as representatives of all retired coal miners similarly situated. Although the court has not yet ruled on the plaintiffs' motion for class certification, the plaintiff and the class they propose to represent may be described as retired...

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