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SMITH v. U.M.W. OF AMERICA 1950 PENSION TRUST

Civ. A. No. 82-3206.

576 F.Supp. 1419 (1983)

Mose SMITH, Plaintiff, v. UNITED MINE WORKERS OF AMERICA 1950 PENSION TRUST, et al., Defendants.

United States District Court, District of Columbia.

December 22, 1983.

Attorney(s) appearing for the Case

David J. Frantz, Washington, D.C., for plaintiff.

Jeffrey B. Cohen, UMWA Health & Retirement Fund, Washington, D.C., for defendant.

MEMORANDUM

HAROLD H. GREENE, District Judge.

Plaintiff is a retired coal miner who contests as arbitrary and capricious the decision of the United Mine Workers of America 1950 Pension Trust and 1950 Benefit Plan and Trust (collectively referred to as the "Fund") to refuse his application for retirement benefits. Cross-motions for summary judgment are before the Court. For the reasons set forth below, plaintiff's motion for summary judgment is granted and...

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