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SELLERS v. O'CONNELL

No. 81-5829.

701 F.2d 575 (1983)

Pearl SELLERS, Administratrix of Estate of Clay D. Sellers, Deceased, Plaintiff-Appellant, v. John J. O'CONNELL, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1983.

Attorney(s) appearing for the Case

Howard A. Specter (lead counsel), Michael Buchwach (argued), Pittsburgh, Pa., Stanley E. Preiser, Preiser & Wilson, Charleston, W.Va., Peter Perlman, Lexington, Ky., for plaintiff-appellant.

William F. Hanrahan (lead counsel), United Mine Workers of America Health & Retirement Funds, E. Calvin Golumbic, Israel Goldowitz (argued), Washington, D.C., E.H. Rayson, Kramer, Johnson & Rayson, Knoxville, Tenn., Bruce A. Levy, Todd, Smith & Levy, Pikeville, Ky., for defendants-appellees.

Before KENNEDY, CONTIE and WELLFORD, Circuit Judges.

CONTIE, Circuit Judge.

Pearl Sellers appeals a district court order dismissing her suit for failure to state a claim upon which relief can be granted under 29 U.S.C. § 186(e) and for lack of subject matter jurisdiction under 28 U.S.C. § 1332. Mrs. Sellers replaced her husband as a party on August 30, 1976, after the latter's death. We affirm.

In November, 1965, Clay Sellers applied for pension benefits from the United Mine

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