MURN v. UNITED MINE WORKERS OF AMERICA

No. 81-2291.

718 F.2d 359 (1983)

William Karl MURN, Plaintiff-Appellant, v. UNITED MINE WORKERS OF AMERICA 1950 Pension Trust, Paul R. Dean, Kenneth L. Houck & Julius Mullins, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 4, 1983.


Attorney(s) appearing for the Case

Fred Spigarelli, Pittsburg, Kan. and Ernest H. Fremont, Jr., William L. Hubbard, Stephen J. Moore of Popham, Conway, Sweeny, Fremont & Bundschu, P.C., Kansas City, Mo., for plaintiff-appellant.

William F. Hanrahan, Acting Gen. Counsel, Jeanne K. Beck, Asst. Gen. Counsel of UMWA Health & Retirement Funds, Washington, D.C., for defendants-appellees.

Before SETH, HOLLOWAY and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Murn sued United Mine Workers of America, UMWA, 1950 Pension Trust, seeking benefits under that Trust. His application was denied by the trustees of the Pension Trust on the ground that he was on strike and hence did not satisfy the eligibility requirements. The court granted summary judgment for the defendants and he appeals. We affirm.

The 1950 Pension Trust was the successor to the UMWA Welfare and Retirement...

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