ALLEN v. UNITED MINE WRKS. OF AM. 1979 BEN. PLAN

No. 83-1818.

726 F.2d 352 (1984)

Lowell E. ALLEN and Ernestine Allen, Plaintiffs-Appellants, v. UNITED MINE WORKERS OF AMERICA 1979 BENEFIT PLAN & TRUST, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1984.


Attorney(s) appearing for the Case

Charles L. Martin, Boonville, Ind., for plaintiffs-appellants.

Israel Goldowitz, General Counsel, United Mine Workers of America Health & Retirement Funds, Washington, D.C., for defendants-appellees.

Before WOOD, POSNER and FLAUM, Circuit Judges.


POSNER, Circuit Judge.

The plaintiffs, Mr. and Mrs. Allen, a coal miner and his wife, brought this suit for damages under ERISA (Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq.) against the trustees of a union employee-benefit trust, alleging that the trustees had breached their fiduciary duty to the Allens by refusing to pay the medical expenses incurred when Mrs. Allen had a baby. Both parties moved for summary judgment. The district...

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