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BILITER v. UNITED MINE WORKERS OF AMERICA

No. 82-2120.

712 F.2d 1480 (1983)

Marvin BILITER, Appellant, v. UNITED MINE WORKERS OF AMERICA 1950 PENSION TRUST and 1950 Benefit Plan and Trust.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1983.

Attorney(s) appearing for the Case

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

Israel Goldowitz, Washington, D.C., with whom William F. Hanrahan, Washington, D.C., was on the brief, for appellees.

Before WALD and GINSBURG, Circuit Judges, and VAN PELT, Senior District Judge for Nebraska.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case, concerning a bituminous coal miner's eligibility for a pension, centers on the "controlled company" exception to the United Mine Workers of America 1950 Pension Trust (Pension Plan). Marvin Biliter, a retired coal miner, sought district court review of the denial of his pension application by the Trustees of the Pension Plan. The same Trustees serve the UMWA 1950 [Health...

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